H.B. Devaraju vs State By Periyapatna Police

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of petitioner/accused No.3 in Crime No.300/2021 of Periyapatna Police

Station, Mysuru District, for the offences punishable under Sections 370, 506 read with Section 34 of IPC.

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

The factual matrix of the case is that this petitioner instructed the victim to co-operate with the other accused persons that they get a good job to

her and also instructed to co-operate with them for sexual act and this petitioner also block-mailed the victim i.e., he would show the pictures which

have been taken when she was subjected to sexual act by other accused persons. Based on the complaint, the police at the first instance have

registered a case for the offences punishable under Sections 370, 506 read with Section 34 of IPC. Subsequently, invoked Section 376 of IPC.

The learned counsel appearing for the petitioner would submit that the only allegation made against this petitioner is that he instructed her to co-

operate with other accused persons to get a job. But, no allegation against this petitioner that this petitioner subjected her for any sexual act and the

offence under Section 376 of IPC is not against this petitioner and against the other accused persons. This petitioner is in custody from 15.12.2021 and

no need of custodial investigation of this petitioner in view of the allegations made against this petitioner.

Per contra, the learned High Court Government Pleader appearing for the respondent/State would submit that though the offence under Section 370

of IPC was invoked at the first instance and she was subjected to sexual act taking the advantage of highhandedness and block-mailing the victim and

also the specific allegation against this petitioner is that he caused the life threat if she discloses anything about him.

Having heard the respective counsel and also on perusal of the complaint averments, no specific allegation is made against this petitioner that she

was subjected to sexual act by this petitioner but only allegation against this petitioner is in respect of ingredients of the offence under Section 370 of

IPC i.e., he instructed her to co-operate with other accused persons and this petitioner is in custody from 15.12.2021 and having taken note of the

ingredients of the offences under Sections 370 and 506 of IPC, further custodial investigation is not required and the ingredients of Section 376 of IPC

does not attract as against this petitioner. Hence, it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain

conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER

The Petition is allowed. Consequently, the petitioner/accused No.3 shall be released on bail in Crime No.300/2021 of Periyapatna Police Station,

Mysuru District, for the offences punishable under Sections 370, 506 read with Section 34 of IPC, subject to the following conditions:

(i) The petitioner/accused No.4 shall execute personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two sureties each for the like-

sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner/accused No.4 shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner/accused No.4 shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any

genuine cause.

(iv) The petitioner/accused No.4 shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against

them is disposed of.