KAUSHIK MITRA CHOWDHURY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by the petitioner -accused No. 1, under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of his arrest, he be released on bail of the offences punishable under Sections 376 and 420 of IPC registered in respondent Police Station Crime No. 311/2013.

(2.) BRIEF facts of the case of the prosecution are that during 2009, the parents of the informant were looking for a suitable marital alliance for the informant. During June or July 2009, the parents of the informant came across a matrimonial advertisement in Ananda Bazar Patrika News paper and in response to the said advertisement, they contacted accused No. 2/father of the petitioner over the phone and after discussion, all the three accused persons came to Bangalore on 14.08.2009 and visited the house of father of informant. On the same day, betrothal ceremony between the petitioner and the informant took place exchanging the gold rings that was bought by the father of the informant and also by exchanging the garlands. The said ceremony was held with the consent of elders of both the families. On the same day, at about 7.00 PM, the parents of the informant as well as the parents of the petitioner left for shopping and during that time the informant and the petitioner were at home. At about 8.00 PM, the petitioner had sexual intercourse with the informant under the threat that if she does not oblige to his advances, he would cancel the marriage itself. Since, she was threatened, she could not give the complaint immediately as the petitioner had promised her to marry. On the basis of the said complaint, the case was registered by the respondent police.

(3.) LEARNED Counsel for the petitioner, during the course of the arguments, submitted that the petitioner has not at all committed the alleged act of forcible sexual intercourse on the complainant. False allegations have been made against the petitioner for extraneous consideration. The learned Counsel submitted that even according to the averments made in the complaint that the after performing engagement at 7.00 p.m. on the same day, the family members of both the petitioner and complainant went to purchase the articles, the complainant and the petitioner were in the house and the petitioner committed forcible sexual intercourse on her is unnatural and it is very difficult to believe the said allegation. The learned counsel submitted that so far as the alleged act of sexual intercourse on the complainant is concerned, the complaint was lodged after a lapse for 4 1/2 years from the date of betrothal ceremony. Hence, it is submitted that only on this ground, the story of the prosecution can be disbelieved. It is submitted that in the bail petition, it is clearly mentioned that because of the abnormal conduct and behavior of the complainant herself, the engagement was cancelled and dissolved in the year 2009 itself. The petitioner got married with another girl in the year 2010. For a period of 4 1/2 years, the complainant kept quiet and now she has filed the present complaint. This itself goes to show false implication of the petitioner in the alleged offence. The learned counsel relied upon SMS and e -mail sent and submitted that the materials produced by the petitioner also supports the contention of the petitioner that because of such behavior of the complainant, the marriage was cancelled. He also submitted that the petitioner is working for a software company. He is ready to co -operate the investigation machinery and any conditions may be imposed for his appearance before the investigation machinery. Hence, he submitted that even in another case, this Court considered the ground of delay and the case of prosecution was not considered to be prima facie. In that particular case, this Court has granted bail to the accused persons. Therefore, he submitted that in the present case, the petitioner is in better position so far as the bail is concerned and by imposing reasonable conditions, he may be admitted to bail.