The High Court of Karnataka allowed a bail application filed by an accused charged with rape and cheating. Considering the nature of the relationship and investigation status, the court granted bail on a bond of Rs. 2 lakhs with sureties, subject to standard conditions.
Petitioner enlarged on bail on furnishing a bond of Rs. 2,00,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 3736 OF 2024
BETWEEN:
TAJAMUL AHMED S/O MOHAMMADRAFI, AGED ABOUT 26 YEARS, ELECTRICIAN, R/AT NO. 578, OLD POST OFFICE ROAD, BEHIND CHOWDESHWARI TEMPLE, 2ND CROSS, WARD NO. 10, MADDUR ROAD, KUNIGAL TOWN, KARNATAKA-572 130.
…PETITIONER
(BY SMT. SHAHIDA KHANAM.J AND SRI. MASKOOR HASHMI M.D, ADVOCATES)
AND:
Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. RAHUL RAI.K, HCGP FOR R1; SRI. SHABARISH B.S, ADVOCATE FOR R2)
NC: 2024:KHC:19789 CRL.P No. 3736 of 2024
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.127/2024 OF KUNIGAL P.S., TUMAKURU DISTRICT FOR THE OFFENCE P/U/S 376 AND 417 OF IPC ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C AT KUNIGAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner being the sole accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.127/2024 of Kunigal Police Station, pending on the file of the Senior Civil Judge & JMFC at Kunigal registered for the offences punishable under Sections 376 and 417 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant-Afsana Banu.
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Affirmative’ for the following:
R E A S O N S
NC: 2024:KHC:19789 CRL.P No. 3736 of 2024
affirmative and proceed to pass the following:
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.127/2024 of Kunigal Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify
NC: 2024:KHC:19789 CRL.P No. 3736 of 2024
the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for
the purpose of releasing the petitioner on bail.
Sd/JUDGE
VM List No.: 1 Sl No.: 7
2 issues framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?
Whether bail should be granted subject to conditions in a case involving Sections 376 and 417 of IPC?
3 provisions across 2 enactments
TAJAMUL AHMED
STATE OF KARNATAKA
AFSANA BANU
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
