Allowed

Sri Naseem Nechithadathil v. the State of Karnataka

Karnataka HC5 Feb 2024CRL.P/182/2024

Case brief

AI extract

What is this about?

In an orders passed in a bail petition under Section 439 Cr.P.C., the Court enlarged the petitioner on bail in a case involving rape and offences under the IT Act. The Court was satisfied that the petitioner was in custody of another complainant and not likely to tamper with evidence or flee.

What did the court decide?

Petitioner ordered to be enlarged on bail subject to personal bond of Rs. 1,00,000/- with two sureties, furnishing address proof, and reporting any change in address.

Sri Naseem Nechithadathil Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2024)

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1 - NC: 2024:KHC:4914 CRL.P No. 182 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 182 OF 2024

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BETWEEN:

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SRI. NASEEM NECHITHADATHIL, S/O MUSTAFA, AGED ABOUT 23 YEARS, R/AT NECHITHADATHIL HOUSE, VATTAPPARAMBACHAPPANAGADI POST, PONMALA, MALAPPURAM, KERALA - 676 503.

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…PETITIONER

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(BY SRI. MOHAMMED NAWAZ SHARIFF, ADVOCATE)

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AND:

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Digitally signed by CHAITHRA P Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX - 560 001.

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(BY SRI. K. NAGESHWARAPPA, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.1025/2023 REGISTERED BY BYADARAHALLI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 67(A) OF INFORMATION TECHNOLOGY ACT AND SECTION 376 OF IPC, PENDING ON

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NC: 2024:KHC:4914 CRL.P No. 182 of 2024

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THE FILE OF CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is preferred under Section 439 of Cr.P.C., by Accused No.1 in Crime No.1025/2023 of Byadarahalli Police Station registered for the offence punishable under Section 376 of IPC and Section 67-A of the Information Technology Act, 2000.

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Heard the learned counsel for the petitioner,

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learned High Court Government Pleader for the State and perused the material on record.

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A perusal of the complaint lodged by the victim

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reveals that she is residing in a P.G and she came in contact with the petitioner through dating App 'Bumble'. Thereafter, they started exchanging messages and became close friends. Since the petitioner was pursuing studies in Bengaluru, she too sought his help to join a

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3 - NC: 2024:KHC:4914 CRL.P No. 182 of 2024

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college in Bengaluru. On 15.09.2023, she came down to Bengaluru and from the Majestic area, she was picked up by petitioner's friend by name Deenu/Accused No.4. After two days, the petitioner took her to his room. He was drunk and he hugged and kissed her. It is further stated that both of them stayed in a room, wherein the petitioner committed sexual intercourse with her. His friends, viz., Accused Nos.2 to 4 gave her drinks laced with sedatives and took photos and videos. Subsequently, the petitioner refused to marry her and the accused persons started threatening and blackmailing her stating that they have her videos and pictures.

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Learned High Court Government Pleader has contended that the investigation is still under progress and therefore, if the petitioner is enlarged on bail, he may derail the investigation and tamper with the prosecution witnesses. He further contends that the petitioner is not a local resident and therefore, he may flee from justice.

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NC: 2024:KHC:4914 CRL.P No. 182 of 2024

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The complainant/victim is aged about 22 years. The complaint averments would disclose that petitioner and the victim were staying in a room situated at East West College road and they were in a relationship. The allegations of taking personal photos and videos of the victim are against Accused Nos.2 to 4.

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The mobile phone belonging to the accused has been seized. However, no videos/pictures of the victim has been retrieved from the said mobile phone. The petitioner is aged about 23 years and he is a student, pursuing M.B.A course at East West College of Management, Bengaluru. He is in judicial custody since 25.12.2023. He is already interrogated. His further detention may not be necessary in the facts and circumstances of the case. He has undertaken to offer adequate surety to ensure his presence before the trial court on all dates of hearing. Hence, imposing suitable conditions, petitioner can be granted bail.

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5 - NC: 2024:KHC:4914 CRL.P No. 182 of 2024

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In the result, I pass the following:

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ORDER

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Petition is allowed.

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Petitioner/Accused No.1 in Crime No.1025/2023 of

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Byadarahalli Police Station, is ordered to be enlarged on bail subject to following conditions:

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i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, out of which one surety shall be a local surety, to the satisfaction of the jurisdictional Court.

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ii) Petitioner shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in address.

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iii) Petitioner shall furnish proof of his residential address and shall inform the I.O/Court regarding change in the address, if any.

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6 - NC: 2024:KHC:4914 CRL.P No. 182 of 2024

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iv) Petitioner shall be available for investigation as and when required.

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v) Petitioner shall not put any threat or inducement to the complaint/victim and shall not tamper with the prosecution witnesses/evidence in any manner.

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vi) Petitioner shall appear before the Trial Court on every date of hearing without fail, unless exempted for genuine reasons.

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Sd/JUDGE

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BNV List No.: 1 Sl No.: 50 CT:SNN

Sri Naseem Nechithadathil v. the State of Karnataka

Case brief

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Sri Naseem Nechithadathil v. the State of Karnataka

Case brief

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What did the court decide?

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