The Inspector of Police v. Kinghshuk Debsharma
Case brief
What is this about?
The High Court refused to cancel anticipatory bail granted to an accused charged with sexual offences, including those under SC/ST Act, noting the accused was not served the alteration report and continued cooperating with investigation.
What the court decided
Crl.M.P.No.4953 of 2022 in Crl.O.P.No.22659 of 2021
Crl.M.P.No.4953 of 2022 in Crl.O.P.No.22659 of 2021
RESERVED ON : 20.07.2022
PRONOUNCED ON : 23.08.2022
T.V.THAMILSELVI, J.
The State represented by the Assistant Commissioner of Police, Kotturpuram Range, Kotturpuram, Chennai, filed this application for cancellation of the anticipatory bail granted in favour of the respondent / Accused (A1) and the same was contested by him. The case of the prosecution is that initially a complaint was registered in CSR No.52 of 2021 dated 29.03.2021. Based upon that FIR was lodged in Crime No.4 of 2021 under Section 354, 354 (B), 354 (C) & 506 (i) IPC on 09.06.2022 altered to under Section 376, 354, 354 (B), 354 (C) & 506 (i) IPC and Section 3(1) (w) of SC/ST (POA) Act, 1989 on 26.03.2022 against nine accused.
1/17
Crl.M.P.No.4953 of 2022 in Crl.O.P.No.22659 of 2021
- The case of the prosecution is that the defacto complainant / victim, aged about 30 years was a Ph.D., student in the department of Chemistry in IIT, Madras. She has joined in IIT on 14th July, 2016 and she was subject to harassment sexually, physically and mentally at the hands of the accused since past five years till date. The victim stated that she came into contact with A-1 accused Mr.Kinghshuk Debsharma who was originated from West Bengal and spoke with her in Bengali. Subhadeep Banergee / A2 used to pass sarcastic remarks against her and she came to know A1 & A2 were close friends. Inspite of her warning A1 tried to sexually advance towards her. However, he expressed regrets over the incident later. In the year 2018, Dr.Ravindran / A4 had arranged a Coorg tour were Krishna Mahato / A3 restrained the victim in a room in the presence of A1 and A1 also sexually harrassed her and A4 in mastermind and he started to damage her character by sending messages. In the year 2019, A1 tortured the victim by pulling her top and she was blackmailed by A1 to come nude in Whatsapp Video Call. She admitted to gave a complaint but it ended in vain. She was being blackmailed by the accused by using her photo and hence, the complaint. 2/17
Issues for consideration
3 issues framed by the court
Whether the cancellation of anticipatory bail is maintainable upon the alteration of charges to include offences under the SC/ST (PoA) Act, 1989.
Whether the failure to serve the alteration report constitutes a valid ground for cancelling bail.
Whether the delay in depositing the bond amount within the specified timeframe warrants cancellation of bail.
Parties & counsel
- petitioner
Assistant Commissioner of Police, Kotturpuram Range
- respondent
Kinghshuk Debsharma
Coram
T.V.Thamilselvi
Case details
As recorded by the court registry
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