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Judgment
Heard both sides and perused the materials before the Court.
It is alleged in the complaint that the accused being a dance teacher has misbehaved with the complainant and by force was doing sexual intercourse with her from August, 2016 to 31st March 2017. On 01.04.2017, in the night at about 10.00 p.m., for a silly reason, he assaulted the complainant with his hands. The said complaint was lodged against the petitioner herein for the offence punishable under Sections 506, 376 and 324 of IPC in Crime No.215/2017 of Banaswadi Police Station.
A perusal of the material, more particularly the complaint at this stage, prima facie goes to show that the complainant in her complaint itself has stated that for a period not less than about six months, she was used by the accused and was subjected to forcible sexual intercourse by him.
At this stage, a prima facie doubt arises as to why the complainant did not disclose the same to her family members or lodged the complaint but, bear with the situation for about six months. However, the same can be ascertained in a full fledged investigation and the trial to be followed, if any thereafter.
Though the gravity of the alleged offence is serious, but considering the circumstance of the case and the alleged recurrence of the offence for about six months without there being lodged any complaint by the victim, the matter requires in depth investigation. It is not canvassed that, for the purpose of investigation, the continuation of accused in judicial custody is warranted. The apprehension of the prosecution that the accused may flee from the investigation can be checked by imposing suitable conditions.
Accordingly, the petition is allowed in part. The petitioner/accused be enlarged on regular bail in Cr.No.215/2017 for the offence punishable under Sections 506, 376 and 324 of IPC by the respondent- Banaswadi Police Station, subject to the condition that:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties to the satisfaction of the enlarging authority;
ii) He shall appear before the Investigating Officer on every Friday between 10.00 a.m. to 2.00 p.m. and mark his attendance till the final report is filed;
iii) He shall not hamper investigation and tamper prosecution documents.