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Sri. Krishna vs The State Of Karnataka on 27 August, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF AUGUST, 2019

BEFORE

THE HON’BLE MR.JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION No.4569/2019

BETWEEN:

SRI. KRISHNA,
S/O. KENCHEGOWDA,
AGED ABOUT 36 YEARS,
AGRICULTURIST,
R/AT KENCHEGOWDANA DODDY VILLAGE,
KODIHALLI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562 119.
… PETITIONER

(BY SRI. SHIVASWAMY, ADV.)

AND:

THE STATE OF KARNATAKA,
BY KODIHALLI POLICE,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560 001.
… RESPONDENT

(BY SRI. K. P. YOGANNA, HCGP.)

THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.58/2019 OF KODIHALLI P.S., RAMANAGARA DISTRICT
FOR THE OFFENCE P/U/S 376,506 OF SectionIPC.

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

Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for the

respondent – State. Perused the records.

2. A complaint came to be lodged on 01.06.2019

against the petitioner for the offence punishable

under Sections 376 and Section506 IPC. Brief facts of the

case are that the complainant who is a married lady

aged 36 years made allegations that she has been

residing along with her husband at

Kenchegowdanadoddi Village, Hunasanahalli Post,

Kanakapura Taluk, Ramanagara District and that

accused is also resident of the same village and since

long years, he has been sexually illtreating and

harassing her in spite of her reluctance and also

refusal. In this context, it is alleged that on

13.05.2019 when her husband was not in the house,

in the morning at about 5 a.m., accused came and

made attempt to outrage her modesty and to commit

rape on her and when she screamed, at that time her
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daughter came there and assaulted the accused with

a broomstick and thereafter, accused ran away from

the spot. On the basis of these allegations, complaint

came to be lodged.

3. Even on plain reading of the above said

allegations, it is doubtful whether any sexual activity

has been committed or not to fall under Section 354

IPC. Under the said facts and circumstances, as the

accused has already been in custody since

02.06.2019 and he is no more required for any

further investigation and that he was remanded to

judicial custody, in my opinion, it is a fit case where

the petitioner/accused can be entitled to be enlarged

on bail on conditions. Hence, the following:

ORDER

Petition is allowed. Consequently, petitioner is

enlarged on bail in Crime No.58/2019 registered by

Kodihalli Police, Kanakapura Taluk, Ramanagara District

against him for the offence punishable under Section 376

and Section506 IPC pending on the file of the I Additional Civil
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Judge (Jr.Dn.) JMFC., Kanakapura, subject to the

following conditions:

(i) The petitioner shall execute his personal
bond for a sum of `1,00,000/- (Rupees one lakh
only) with one surety for the like sum to the
satisfaction of the jurisdiction court.

(ii) The petitioner shall not indulge in
tampering the prosecution witnesses.

(iii) The petitioner shall appear before the
jurisdictional court on all the future hearing
dates unless exempted by the court for any
genuine cause.

(iv) The petitioner shall not leave the
jurisdiction of the trial Court without prior
permission of the court till the case registered
against him is disposed of.

(v) The petitioner shall mark his attendance once
in 15 days before the Investigating Officer till the
filing of final report.

Sd/-

JUDGE

PKS

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