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Judgment
S Vishwajith Shetty, J
Accused no.1 in S.C.No.199/2024 pending before the Court of Principal District & Sessions Judge, Chitradurga, arising out of Crime No.238/2024 registered by Challakere Police Station, Chitradurga District, for the offences punishable under Sections 114, 417, 420, 376(2)(n) read with 34 of IPC, is before this Court under Section 439 Cr.PC., seeking regular bail.
Heard the learned Counsel for the parties.
FIR in Crime No.238/2024 was registered by Challakere Police Station, Chitradurga District, against the petitioner herein and two others initially for the offences punishable under Sections 376(2)(n), 420, 114, 417 of IPC, based on the first information received from the victim lady on 15.05.2024. During the course of investigation, petitioner was arrested on 20.09.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against three persons. Petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in S.C.No.199/2024 was rejected on 28.01.2025. Therefore, he is before this Court.
Perusal of the material on record would go to show that marriage engagement ceremony of the victim lady aged about 23 years with the petitioner was performed by the parents and elders of both the parties on 28.08.2023 and it was agreed that their marriage will be performed on 28.04.2024. Thereafter, for the period from 28.08.2023 to 31.10.2023, petitioner allegedly used to visit the house of the victim lady and stayed overnight in the said house and during such stay in the house of the victim, he allegedly had sexually intercourse with her against her wishes. Subsequently, he started residing at Bengaluru and his contacts were not available to the victim lady and when the victim lady and her relatives met the parents of the petitioner, they allegedly informed them that the whereabouts of the petitioner was not known to them. It is in this background, the victim lady has approached the police and based on her first information, FIR was registered against the petitioner and his parents. Investigation of the case is completed and charge sheet has been already filed.
Undisputedly, petitioner has no other criminal antecedents. The allegation found in the charge sheet against the petitioner is required to be proved in a full-fledged trial. The marriage engagement ceremony of the victim lady with the petitioner was performed by the parents and relatives of both the parties and for certain reasons, the said marriage could not be performed and it is only thereafter the first informant has approached the police. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.
The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.199/2024 pending before the Court of Principal District & Sessions Judge, Chitradurga, arising out of Crime No.238/2024 registered by Challakere Police Station, Chitradurga District, for the offences punishable under Sections 114, 417, 420, 376(2)(n) read with 34 of IPC, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.