The criminal appeal is filed under section 439 of Cr.P.C by the petitioner/accused praying to get enlargement on bail for offence punishable under section 370 ( which speaks about exploitation ) 506 ( punishment for criminal intimidation) read with 36 of ipc (effects caused partly by act and party by omission).And the petition is allowed by the High court of Karnataka through the learned bench led by the Honourable MR. justice H.P. Sandesh in the case of Rathnakumari vs state of Karnataka ( criminal appeal no. 253/2022) on 20th January 2022
Brief facts of the case are that petitioner along with other accused persons by making false representation to the victim that she would get the employment, forced the victim to have sexual intercourse with accused No.1. It is also an allegation against the accused persons that he has intoxicated her and made her to sleep with accused No.1 and when the police were in search of the victim, she was brought back to Periyapatna Police Station. Based on the complaint of the husband of the victim, the police have registered the case for the offence punishable under Sections 370 and 506 read with 34 of IPC and the matter is under investigation.
Arguments presented by the learned counsel for the petitioner that allegation made in the complaint is doubtful and apart from that, the complaint has been lodged with delay of seven days and as per the averment of the victim, she left the home on 08.11.2021 and the complaint was lodged on 15.11.2021 and this petitioner has not indulged in any such activities and she has been in custody from 15.11.2021 and no need of custodial interrogation having taken note of the nature of allegations made in the complaint.
Arguments presented by the learned High Court Government pleader appearing for the respondent-State that in the search of the employment, the victim has been selected for a job and she was subjected to sexual act at the instance of this petitioner and this petitioner only persuaded the victim. Hence, there is a prima facie case against the petitioner.
After hearing both the counsels and the records and facts presented before the Honourable court by their learned counsels, the victim was missing from 08.11.2021 and the complaint was given on 15.11.20212 and no doubt, there was a delay of seven days in lodging the complaint. The allegation is that this petitioner, who happens to be a friend of accused No.1 persuaded the victim and having taken note of the allegation made in the complaint, whether this petitioner had indulged in such act or not requires to be tested in trial and she has been in custody from 15.11.2021 and hence I am of the opinion that it is a fit case to exercise the powers under Section 439 of Cr.P.C.
After all this , court allowed the petition that petitioner shall be released on bail on certain grounds such as: The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court; The petitioner shall not indulge in tampering the prosecution witnesses; The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause; The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the court till the case registered against her is disposed of.
Judgement Reviewed by Sugam Anand Mishra