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Sri Rajaramalal vs State Of Karnataka on 15 October, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF OCTOBER, 2019

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO. 7293/2019

BETWEEN

SRI. RAJARAMALAL
S/O B.VITTAL LAL
AGED ABOUT 44 YEARS
R/A FLAT NO.107
1ST FLOOR, 7TH CROSS
CHETHAN CAMPAIGN
ALFA GARDE
KODIGEHALLI MAIN ROAD
K.R.PURAM
BENGALURU – 560 036
… PETITIONER

(BY SRI. BHYRESH. V., ADVOCATE FOR
SRI. KEMPARAJU, ADVOCATE)

AND

STATE OF KARNATAKA
BY K.R.PURAM POLICE STATION
BENGALURU DISTRICT
REP BY ITS PUBLIC PROSECUTOR
HIGH court COMPLEX
BENGALURU – 560 001
… RESPONDENT

(BY SRI. ROHITH.B.J., HCGP)

THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
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CR.NO.484/2019 OF K.R.PURAM P.S., BENGALURU CITY
FOR THE OFFENCE P/U/Ss. 354-B, 509, 323, 341 AND
506 R/W 34 OF SectionIPC.

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

ORDER

Heard the learned counsel for the petitioner and

the learned HCGP for the Respondent -State. Perused

the records.

2. The complainant-Smt. Varsha Naveen, aged

29 years has filed a complaint against the petitioner and

another before the respondent-K.R.Puram Police

Station, Bengaluru City, for the offences punishable

under Sections 354-B, Section509, Section323, Section341, Section506 r/w. 34 of

SectionIPC and the same was registered in Crime No.484/2019.

Out of these, the offences under Section 354-B and Section506

are non-bailable in nature.

3. The allegations made against the petitioner

in brief are that, the petitioner is none other than the

brother-in-law of the husband of the complainant.

They were all living together in a house. The husband
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of the complainant-Naveen was addicted to alcohol and

he was the regular visitor of night clubs etc. Taking

advantage of the said situation, it is alleged that the

petitioner wanted to develop some intimacy with the

complainant and therefore, on several occasions he

made attempts to persuade the complainant to show

sexual favours to him. He also made attempts to

outrage her modesty as and when the occasion

permitted by going to the bed room of this lady and also

taking advantage of the situation whenever she is alone

in the house. However, from the year 2015 up to 2018

such things have been happened. It appears, in the

year 2015, the complainant left the matrimonial house

and went to their parents house because of the ill-

treatment and harassment by her husband and other

members of his family and thereafter she lodged a

complaint against her husband and his family members

under Section 498-A of IPC. But, she admitted that, she

has not disclosed any act of this petitioner in the said

complaint at that particular point of time, but for that,

she has given her explanation stating that, her husband
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may show favour to her; and with that fond of hope,

she has not disclosed all those things in the complaint.

But, subsequently, on 20.08.2019, they all went to

Alpha Garden Apartment, where the husband of the

complainant was residing in order to enter into a

compromise. At that time, this petitioner called her

inside the house with an ill-intention. But, she

presumed that he might have felt sorry for the acts

committed by him and therefore he wanted to seek

apology of her and therefore, she went inside the

house, but, at that time also he made attempts to touch

her private parts and also requested her to do sexual

favour etc. then, she slapped him and came out of the

house, and thereafter went to the Police Station. It is

also stated that, near the Police Station itself, the

petitioner called the 2nd petitioner and threatened the

complainant and others with dire consequences of killing

them etc. On the basis of the above said allegations,

the police have started investigation in the matter.
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4. Accused No.2-Sathyanarayana has

approached the Court of XLV Addl. City Civil and

Sessions Court for grant of Anticipatory Bail in Crl. MIsc.

8246/2019 and that Court vide order dated 27.09.2019.

has granted bail to him on certain conditions.

5. Looking to the nature of allegations and

the facts of the case, some stale incidents have also

been surfaced in the year 2019, though the earlier

incidents happened prior to 2015, which indicates that

for a period of more than four years the acts of the

petitioner/accused have not been disclosed by the

complainant to anybody. Even in the year 2015, when

all the allegations have been made against her husband

and the complainant was not residing with her husband

and she started living in her parents house, she has not

disclosed the same to her parents. This shows that, she

was also not in the habit of disclosing any of the factual

aspects, even about this petitioner, in the earlier

complaint registered for the offence under Section 498-

A Cr.PC. Therefore, it creates a serious doubt at this

stage that, whether the said incidents were happened or
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not, and if any such incidents are happened, the same

have to be proved before the trial Court during full-

dressed trial.

6. Apart from the above, learned counsel for

the petitioner has submitted that, the parties have

already compromised the matter and the complainant is

contemplating to withdraw the petition after disposal of

the divorce petition filed between herself and her

husband under Section 13(b) of the Hindu Marriage Act.

7. In the above facts and circumstances, in

my opinion, the petitioner is entitled to be enlarged on

bail with certain conditions. Hence, the following,-

ORDER

The petition is allowed. Consequently, the
petitioner (A1)-Rajaramalal shall be released on bail in
the event of his arrest in connection with Crime No.
484/2019 of K.R.Puram Police Station, Bengaluru City,
registered against him for the aforesaid offences, now
pending on the file of the 10th Addl. CMM, Mayohall,
Bengaluru, subject to the following conditions:-

i) The petitioner shall surrender himself before the
Investigating Officer within Ten days from the date of
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receipt of a certified copy of this order and he shall
execute a personal bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one surety for the
like-sum to the satisfaction of the concerned
Investigating Officer.

ii) The petitioner shall not indulge in hampering the
investigation or tampering the prosecution witnesses.

iii) The petitioner shall co-operate with the
Investigating Officer to complete the investigation, and
he shall appear before the Investigating Officer as and
when called for.

iv) The petitioner shall not leave the jurisdiction of
Bengaluru District without prior permission of the Court,
till the charge sheet is filed or for a period of three
months whichever is earlier.

v) The petitioner shall mark his attendance once in a
week ie, on every Sunday between 10.00 am and 5.00
pm., before the Investigating Officer for a period of two
months or till the charge sheet is filed, whichever is
earlier.

Sd/-

JUDGE

KGR*

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