PARAMESHWAR S/O NAGAPPA DONNI Vs. THE STATE OF KARNATAKA THROUGH SULEPETH P.S. REPRESENTED BY SPP HONBLE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA

JUDGEMENT

(1.) THIS criminal petition is filed under Section 439 of Cr.P.C. by the advocate for the petitioner praying that this Court may please to release the petitioner on regular bail in Cr. No. 31/2012 of Sulepeth Police Station, Gulbarga District, which is registered for the offences punishable under Sections 109, 506, 504, 376 read with section 34 of Indian Penal Code. I have heard the learned counsel for the petitioner as well as the learned High Court Government Pleader.

(2.) THE contents of the FIR found in the record discloses that the Sulepeth police have registered a case in Crime No. 31/2012 against (i) Parameshwar (ii) Amruth -driver (iii) Subbamma (iv) Nagappa and (v) Kalavati, for the offences punishable under sections 109, 504, 506 and 376 read with section 34 of Indian Penal Code on the complaint of Savita Balapur aged 24 years. It is alleged in the complaint that on 16.03.2012 the complainant had gone to the house of her mother -in -law at Dastapur village and on 17.03.2012 at night 01.00 O'clock, when complainant was proceeding near Government school on public road of Dastapur village for attending the second call of nature, at that time accused No. 1 Parameshwar came there and pointed out knife and took the victim girl to the ground of the Government school. Since he pointed out knife, she kept quite. Thereafter he had sexual intercourse with her and accused No. 1 promised her to marry. It is also alleged in the complaint that on 18.03.2012 at 08.00 a.m. herself and Parameshwar were proceeding near Sulepeth Police Station, on the way Subbamma and Amruth -driver came there and uttered to Parameshwar that why you are marrying this girl and they will perform marriage with some other girl, so that they may get dowry amount of Rs. 5.00 lakhs.

(3.) THIS Court vide order dated 24.08.2012 granted order of interim bail. Subsequently, both victim and the Accused No. 1 have married and they are living together. Taking into consideration that victim and the Accused No. 1 are married together and also considering the medical report wherein it is mentioned that there is no recent sexual intercourse besides, the petitioner has not violated any terms and conditions of the interim order of this Court, therefore, in my view, this petition deserves to be allowed. In the result, I pass the following: ORDER This Criminal Petition is allowed conditionally. Petitioner is granted with bail. The petitioner shall be released on bail in Cr. No. 31/2012 of Sulepeth Police Station, on his executing a personal bond for a sum of Rs. 25,000/ - with two sureties for the like sum to the satisfaction of the learned JMFC Chincholi on the following conditions; i) Petitioner shall not tamper with the prosecution witnesses in any manner. ii) He shall not jump the bail. If any condition is violated, bail entails cancellation.