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Judgment
S Vishwajith Shetty, J
Accused in crime No.41/2023 registered by Turuvekere Police Station, Tumakuru for offences punishable under Sections 323 and 504 of the Indian Penal Code, 1860 ('the IPC' for short) and Sections 8 and 12 of the Protection of Children from Sexual offences Act, 2012 is before this Court under Section 438 of the Cr.P.C.
Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent.
On the complaint of Smt. Kantamma dated 20.02.2023, Turuvekere Police had registered FIR in crime No.41/2023 against the petitioner for the aforesaid offences. In the complaint it is stated that on 19.02.2023 at about 10.00 a.m., complainant and her relatives had gone to a temple at Devanayakanahalli. Complainant's minor daughter aged about 17 years had stayed back home since she had menstrual periods. Complainant and her family members returned home at about 5.00 p.m. and found that the door of the house was locked. When the complainant knocked the door, her minor daughter opened the door and she informed the complainant that the petitioner had come home and had tried to pull her hand and had misbehaved with her. Immediately thereafter, the complainant had telephoned her husband, who was in Bangalore. After her husband came, they enquired with the petitioner about the incident. The petitioner allegedly assaulted them. Thereafter, the complaint was lodged, which resulted in registering FIR in crime No.41/2023. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.233/2023 before the Court of the Additional District and Sessions Judge (FTSC-1), Tumakuru, which was dismissed on 15.03.2023. Therefore, the petitioner is before this Court.
Learned counsel for the petitioner has reiterated the grounds urged in the petition and submits that in view of the long standing dispute between the parties, false case has been lodged.
Per Contra, learned HCGP has opposed the bail application and submits that victim girl has also narrated about the incident in her statement under Section 164 of the Cr.P.C.. Accordingly, prays to dismiss the petition.
From the perusal of the complaint averment it is seen that the complainant and her family members had gone to a temple on 19.02.2023 at about 10.00 a.m. As per the statement made by the victim girl under Section 164 of the Cr.P.C., the petitioner allegedly came to their house at about 10.30 a.m. and had asked for a glass of water. When the victim girl had handed over the same, he tried to misbehave with her and when the victim girl went inside the house, he also followed her, but the victim girl escaped and started shouting. It is then, the petitioner allegedly left the house. However, the said incident was not informed by the victim girl either to her parents or her relatives immediately. Even the neighbours of the victim girl were not informed about incident. It is only after the complainant returned home at about 5.00 p.m., the alleged incident is informed. Thereafter, it is stated that the husband of the complainant came from Bangalore and when an enquiry was made with the petitioner, he allegedly assaulted the complainant and her husband. The time and place of the said incident in which the petitioner allegedly assaulted, complainant and her husband is not forthcoming in the complaint. The complaint is lodged on 20.02.2023 at about 10.00 a.m. There is a delay in lodging the complaint. Petitioner has averred in the petition that there is a long standing dispute between the two family and therefore, a false case had been registered against him. Be that as it may, without expressing any opinion on the merits of the case having regard to the aforesaid analysis of the matter and also taking into consideration that the maximum punishment for the offences alleged against the petitioner is imprisonment by five years, I am of the view that the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively.
Accordingly, the petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.41/2023 registered by Turuvekere police station for the offences punishable under Sections 323 and 504 of the IPC, subject to the following conditions:
The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer;
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons;
Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon; and
The petitioner shall not involve in similar offences in future.