Case Note & Summary
The petitioner, Kiran.V, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in connection with Crime No.123/2020 registered at Bidadi Police Station, Ramanagara District, for offences punishable under Sections 417 (cheating) and 376 (rape) of the Indian Penal Code, 1860 (IPC). The first informant was the victim herself. In her complaint dated 04.05.2020, she alleged that after completing her PUC at Jnanavikasa PU College, Bidadi, she worked at Gopal Arcade Mall in Bengaluru. The accused was known to her for about 6 to 7 years and they were in love. Whenever there was a holiday, she used to go with the accused to her cousin's house. The accused had promised to marry her and, on that promise, committed sexual intercourse against her will. Subsequently, he refused to marry her. The petitioner's counsel argued that the victim was aged about 23 years and the incident occurred about four years ago. He submitted that the petitioner had not committed any offence and undertook to abide by any conditions and cooperate with the investigation. The High Court Government Pleader opposed the bail, contending that the investigation was still in progress and that the petitioner might tamper with evidence or flee. The court, after hearing both sides, observed that the victim was a major and the relationship was consensual based on a promise to marry. Considering the long-standing relationship, the delay in filing the complaint, and the petitioner's undertaking to cooperate, the court held that custodial interrogation may not be necessary. The petition was allowed, and the petitioner was granted anticipatory bail subject to conditions including executing a personal bond, cooperating with investigation, not tampering with evidence, and not leaving the jurisdiction without permission.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Offences under Sections 376 and 417 IPC - Petitioner sought anticipatory bail in a case where the victim alleged sexual intercourse on a false promise of marriage - Court considered the long-standing relationship, delay in filing complaint, and petitioner's undertaking to cooperate with investigation - Held that custodial interrogation may not be necessary and granted anticipatory bail with conditions (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case involving allegations of rape on the false promise of marriage.
Final Decision
Petition allowed. Petitioner granted anticipatory bail subject to conditions: executing a personal bond of Rs.1,00,000 with one surety, cooperating with investigation, appearing before police as required, not tampering with evidence, and not leaving jurisdiction without court permission.
Law Points
- Anticipatory bail
- Section 438 CrPC
- promise to marry
- consent
- Section 376 IPC
- Section 417 IPC
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