Case Note & Summary
The petitioner, Abilash Shalum @ Rai Abhilash Bramhaiah, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in Crime No.235/2019 registered at Suddaguntepalya Police Station, Bengaluru, for offences punishable under Sections 417 (cheating), 420 (cheating and dishonestly inducing delivery of property), 376(1)(n) (rape by a person in a position of trust or authority) and 313 (causing miscarriage without consent) of the Indian Penal Code, 1860 (IPC). The case was pending in C.C.No.5699/2020 before the VI Additional CMM, Bengaluru. The prosecution's case was that the defacto complainant filed a complaint on 15th December 2019 alleging that the petitioner cheated her and had sexual intercourse with her on multiple occasions by promising to marry her. The petitioner argued that the relationship was consensual and that he had not been arrested during the investigation. The court noted that the allegations did not indicate forcible sexual assault and that the investigation was complete. Considering the nature of the relationship and the stage of proceedings, the court allowed the petition and granted bail to the petitioner subject to conditions.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Offences under Sections 417, 420, 376(1)(n) and 313 IPC - Petitioner sought bail in Crime No.235/2019 for alleged cheating and rape on promise to marry - Court considered that the relationship was consensual over a period and the petitioner had not been arrested during investigation - Held that the petitioner is entitled to bail as the allegations do not indicate forcible sexual assault and the investigation is complete (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 CrPC for offences under Sections 417, 420, 376(1)(n) and 313 IPC, considering the nature of the relationship and the stage of investigation.
Final Decision
The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.235/2019 (C.C.No.5699/2020) of Suddaguntepalya Police Station, Bengaluru, subject to conditions.
Law Points
- Bail
- Rape
- Cheating
- Consensual Relationship
- Promise to Marry
- Section 439 CrPC
- Section 376(1)(n) IPC
- Section 417 IPC
- Section 420 IPC
- Section 313 IPC
