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Judgment
The petitioner herein is the sole accused in Crime No.368 of 2017 of the Vidyanagar Police Station registered under Sections 376 and 506(1) of the Indian Penal Code.
He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Sessions Judge, Kasaragod on 07.10.2017. The petitioner has been in judicial custody since 11.09.2017.
The victim of offence in this case is a lady aged 36 years. She is a widow having a son. The petitioner is said to be the second cousin of the deceased husband of the victim. He had been helping the victim in some matters after the death of her husband. Once she entrusted him to sell the property belonging to her with the object of settling some dues. The prosecution case is that, registration of the document was scheduled on 13.1.2017, and on the eve of it, at about 12.45 a.m on 12.1.2017, the petitioner came at the house of the victim under the pretext of talking something regarding the assignment and he went inside the house for taking bath. When the victim went to the upstairs for taking bath towel, the petitioner followed her, and at the balcony upstairs, he caught her by force and subjected her to sexual intercourse there. The alleged incident happened on 12.1.2017, but the victim made complaint only on 5.7.2017. The case of the petitioner is that he does not have any connection with the victim.
On a reading of the complaint, this appears to be a case of rape. But on a perusal of the entire materials, I find something suspicious regarding the delay in making the complaint. Here the defence assumes importance that if at all anything had happened it was with her consent. Anyway, let the factual aspects be probed into during trial.
On hearing both sides, I find that investigation in this case is practically over, and that the petitioner can be now released on appropriate conditions. I find that the Investigating Officer has collected the necessary materials for a prosecution. I do not find the necessity of continued detention of the petitioner in the above circumstances.
In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for 50,000/-(Rupees Fifty thousand only) each to the satisfaction of the court below
having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the Circle Inspector of Police, Kasaragod between 10.00 am and 11 am
on all Wednesdays for a period of two months.
b. The petitioner shall not enter the limits of the Vidyanagar Police Station for two months.
c. The petitioner shall not in any manner influence or intimidate the witnesses and he shall not have any contact with the material witnesses directly or over
telephone or otherwise.
Forward a copy of this order to the Circle Inspector of Police, Kasaragod who will report compliance of the conditions, directly to the court below.