Srikrishna J Rao vs State Of Karnataka

Sachin Shankar Magadum, J

This petition is filed under Section 483 of BNSS, 2023 seeking to enlarge the petitioner on bail for the offences punishable under Section 64(1) and 69 of BNS, 2023 now pending in Cr.No.49/2025 on the file of Principal Civil Judge (Jr.Dn) and JMFC Court, Puttur, D.K. District.

The learned Senior Counsel reiterating the grounds would point out that the petitioner and the victim had acquaintance and they were in relationship and now that investigation is concluded and petitioner's blood is also secured and sent for forensic lab, petitioner who is in judicial custody for the last two months and is pursuing engineering is entitled to be released on bail.

However, learned additional SPP would point out that it is not a case of consensual sex. There was a forcible physical relationship which has led to pregnancy of 71/2 months and therefore, no indulgence is warranted at the hands of this Court.

Having heard the learned counsel on record, this Court has given a anxious consideration to the complaint lodged by the victim. From a perusal of the complaint, it is clearly evident that the victim acknowledges that she was having an affair with the petitioner. She has further acknowledged that she used to visit the accused’s house frequently. If these relevant allegations in the written complaint tendered by the victim are taken into consideration, prima facie, this Court is of the view that the physical relationship between two adults appears to be consensual, which needs examination during the full fledged trial and therefore the petitioner is entitled for some indulgence at the hands of this Court.

This Court therefore, only by taking cognizance of the relevant averments which are found in the complaint is of the view that since investigation is accomplished and a final report is filed and the fact that the petitioner’s blood sample is also secured, this Court is of the view that the petitioner cannot be kept in judicial custody which clearly violates his fundamental right to personal liberty (equity) under Article 21 of the Constitution of India. Therefore, this Court deems it fit to grant bail.

Accordingly, this Court proceeds to pass the following:

ORDER

(i) Petition is allowed.

(ii) Petitioner is enlarged on bail subject to furnishing a bond for a sum of Rs.1,00,000/- with one surety for the like sum.

(iii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iv) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.

(v) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.