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Pradeepa v/s The State of Karnataka, Rep. by State Public Prosecutor, Bangalore


Company & Directors' Information:- REP CORPORATION PRIVATE LIMITED [Strike Off] CIN = U26921TN2005PTC055138

Company & Directors' Information:- M AND M BANGALORE PRIVATE LIMITED [Active] CIN = U01403KA2012PTC062199

Company & Directors' Information:- G E CO PUBLIC LIMITED [Strike Off] CIN = U36900WB1951PLC021802

    Criminal Petition No. 3344 of 2020

    Decided On, 27 August 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE S. SUNIL DUTT YADAV

    For the Petitioner: K.N. Narayana Swamy, Advocate. For the Respondent: Yashodha, HCGP.



Judgment Text


(Prayer: This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.40/2020 (C.C. No.5792/2020) of Jayanagar Police Station, Bangalore for the offence p/u/s 376 of IPC.)

1. Petitioner who is the sole accused is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.40/2020 for the offence punishable under Section 376 of IPC.

2. The facts as made out in the complaint are that on 12.03.2020, the victim went to the respondent - Police Station and lodged a written complaint. It is stated that as there were differences between herself and her husband, she was residing with her parents and the petitioner who is her brother was also residing in the same house. It is also submitted that while she was staying with her brother and parents, her brother has sexually assaulted her and this was repeated on few occasions. On the basis of the said complaint, FIR is registered and investigation is complete and charge sheet has been filed.

3. Learned counsel for the petitioner points out that prima facie the fact situation is unbelievable as it makes out commission of sexual offence by the brother against his own sister. It is submitted that admittedly as per the version as made out in the complaint, children of the complainant namely Pujashree and Vidyashree aged 9 years and 7 years respectively were present in the house at the time of the incident and the reason as to why the said children's statements' have not been taken is a matter that raises doubts as regards to the case of the prosecution.

4. It is further submitted that the victim has expressed repentance as regards the filing of false complaint and it is submitted that in fact the complaint was filed only as a reaction to the advise of the petitioner asking the victim to go back to her house and stay with her husband. The counsel for the petitioner has kept the victim present by way of video conference and submits that she intends to withdraw all allegations against the petitioner.

5. Learned High Court Government Pleader submits that the offence as made out is a heinous offence and cannot be accepted by the Society and hence, a strong view must be taken of the said incident.

6. Heard both sides.

7. It is to be noticed that as per the version as made out in the complaint, on the date of the incident, children were present in the house and as to why statement of the children is not recorded is not forthcoming which otherwise being vital piece of evidence. Doubts naturally arise as regards the investigation by the prosecution. Question as to whether the complaint was filed as a reaction to the advise of the petitioner asking the victim to go home is a matter that has to be established only during trial. Noticing that the charge sheet has been filed, investigation is complete, the threat of the petitioner, if any on his own sister could be taken care of by imposing adequate and stringent conditions, the application to enlarge the petitioner on bail could be considered. The proof of offence is a matter for trial. The FSL report is still awaited. The present proceedings cannot be construed to be punitive in nature. Accordingly, the petitioner is entitled to be enlarged on bail as there is no justification for his continued detention.

8. The bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.40/2020 for the offence punishable under Section 376 of IPC, subject to the following conditions:

(i) The petitioner shall execute a personal bond of Rs.1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.

(ii) The petitioner shall not visit the residence where the victim resides till conclusion of trial

(iii) The petitioner shall fully co-operate for the expeditious disposal of the

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trial. (iv) The petitioner shall not tamper with evidence, influence in any way any witness. (v) In the event of change of address, the petitioner to inform the same to the concerned SHO. (vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail. Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
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