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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MAY, 2020
BEFORE
THE HON’BLE MR.JUSTICE K. N. PHANEENDRA
CRL.P. NO.2212/2020
BETWEEN
SRI. RENUKA PRASAD. R
S/O RAJU
AGED ABOUT 24 YEARS
WORKING EXECUTIVE AT AXIS BANK
RESIDENT OF RASTHEJAKKASANDRA VILLAGE
HAROHALLI HOBLI, KANANAKAPURA TALUK
PERMANENT ADDRESS:-
SRI. RENUKA PRASAD.R
S/O RAJU
AGED ABOUT 24 YEARS
WORKING AS EXECUTIVE AT AXIS BANK
RAMANAGARA DISTRICT – 562 119
… PETITIONER
(BY SRI. SHIVASWAMY,ADVOCATE)
AND
THE STATE OF KARNATAKA
BY HAROHALLI POLICE
KANAKAPURA TALUK
RAMANAGARA DISTRICT
REP. BY STATE PUBLIC PROSECUTOR
ADVOCATE GENERAL OFFICES
HIGH COURT BUILDING
BENGALURU – 560 001
… RESPONDENT
(BY SRI. MAHESH SHETTY, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.39/2020 OF HAROHALLI P.S.,
RAMANAGARA FOR THE OFFENCE P/U/Ss. 341, 342, 363,
376, 149, 506, 498A, 34 OF IPC AND SECTION 3 AND 4 OF
D.P ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Office objections have to be complied with through e-
mail or immediately after the lock down is lifted.
2. Learned High Court Government Pleader is
directed to take notice for respondent – State.
3. Heard the learned counsel for the petitioner and
the learned High Court Government Pleader for the
respondent – State and perused the records.
4. The brief facts of the case are that:
On 7.2.2020, the complainant who was aged about
21 years lodged a complaint stating that the petitioner-
accused No.1, who is the husband of the complainant, on
30.1.2020 took her forcibly in a car and on 31.1.2020 the
petitioner married her in Yediyur Jalagiramma temple and
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had sexual intercourse with her four or five times on that
night and again on 2.2.2020 i.e., two days later, the said
marriage was also registered.
5. It s also stated in the complaint that he has also
taken 38 grams of gold, Rs.1 lakh cash and in fact on
3.2.2020 he threatened her with dire consequences of
killing her and left her near Kanakapura bus stop. On
these allegations, a complaint has been lodged and the
police have been investigating the matter. In this
connection, the petitioner was arrested on 17.2.2020 and
since then he has been in judicial custody.
6. On perusal of the materials available on record, I
am of the opinion that the above said allegations create a
serious doubt at this stage, as to whether the marriage
between the petitioner and the victim lady was valid or it
was forcibly done or there was any consent for the physical
contact with each other. These are the factors which have
to be thrashed-out during the course of full-dressed trial in
order to prove the offence u/s.376 of IPC.
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7. In the above said circumstances, I am of the
opinion that the petitioner has made out a ground for
grant of bail particularly u/s.439 of Cr.PC. Hence, the
following:
ORDER
The Petition is allowed. Consequently, the
petitioner-accused shall be released on bail in connection
with Crime No.39/2020 of Harohalli Police Station,
Ramanagara, on the file of the Prl.Civil Judge (Jr. Dn.)
JMFC, Kanakapura, Ramanagara District for the alleged
offences, subject to the following conditions:
(1) The Petitioner shall execute his personal bond for
a sum of Rs.1,00,000/- (Rupees One Lakh) only with
one surety for the likesum to the satisfaction of the
jurisdictional court.
(2) The petitioner shall not indulge in tampering the
prosecution witnesses.
(3) The petitioner shall appear before the
jurisdictional court on all the future hearing dates
unless exempted by the court for any genuine cause.
5(4) 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.
(5) The petitioner shall appear before the
investigating officer for investigation as and when
required.
The jail authorities are directed to conduct medical
examination on the accused before his release, in view of
Pandemic COVID-19.
Sd/-
JUDGE
PL*
