Case Note & Summary
The petitioner, Hameed @ Abdul Hameed, filed a criminal petition under Section 438 Cr.P.C. seeking anticipatory bail in Crime No.26/2020 registered at Bantwala Town Police Station, Dakshina Kannada District, for offences punishable under Sections 376(2)(f), 276(2)(n), 506, 504, 323 of IPC. The victim alleged that after her marriage broke down, due to poverty, she worked in the house of the petitioner's sister. The petitioner allegedly took advantage of her helplessness and forcibly raped her on three occasions: 26.02.2020, 04.03.2020, and 11.03.2020. The petitioner's counsel argued that the allegations were false and that the incidents occurred in a house frequented by various inmates, yet no one came to know about them, indicating lack of truth. The court noted that the victim did not immediately report the matter to the police, and the allegations did not prima facie constitute custodial rape under Section 376(2)(f) IPC as the victim was not in the petitioner's custody. The court also considered that the petitioner was aged about 60 years and had no criminal antecedents. The court held that the petitioner is entitled to anticipatory bail, subject to conditions, as there is no likelihood of his absconding or tampering with evidence. The petition was allowed, and the petitioner was directed to be released on bail in the event of arrest, upon executing a personal bond of Rs.1,00,000 with two sureties, and subject to other conditions including appearing before the police as required and not threatening the victim.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 Cr.P.C. - Grant of Bail - The court considered the petitioner's application for anticipatory bail in a case of alleged forcible rape. The victim alleged rape on three occasions, but the court noted that the incidents occurred in a house frequented by others, and there was no evidence that any inmate came to know of the incidents. The court also noted that the victim did not immediately report the matter to the police. Held that the petitioner is entitled to anticipatory bail as the allegations do not prima facie constitute custodial rape under Section 376(2)(f) IPC and there is no likelihood of the petitioner absconding or tampering with evidence. (Paras 1-4) B) Indian Penal Code - Rape - Section 376(2)(f) IPC - Custodial Rape - The court observed that the allegations do not attract the ingredients of Section 376(2)(f) IPC as the victim was not in the custody of the petitioner. The alleged acts occurred in the house of the petitioner's sister, and the victim was working there voluntarily. Held that the offence under Section 376(2)(f) is not made out. (Para 4)
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in a case involving allegations of forcible rape on multiple occasions.
Final Decision
Petition allowed. Petitioner shall be released on bail in the event of arrest, subject to executing a personal bond of Rs.1,00,000 with two sureties, and conditions including appearing before the police as required, not threatening the victim, and not tampering with evidence.
Law Points
- Anticipatory bail
- Section 438 Cr.P.C.
- custodial rape
- Section 376(2)(f) IPC
- delay in FIR
- prima facie case
