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Sri.Renuka Prasad R vs The State Of Karnataka on 5 May, 2020

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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.
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(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*

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