Case Note & Summary
The petitioner, Narasappa, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in C.C. No. 1362/2019 arising from Gangavathi Town Police Station Crime No. 30/2019 for offences punishable under Sections 417 and 376 of the Indian Penal Code, 1860. The petitioner had been in judicial custody since his arrest. The case involved allegations of rape and cheating by the petitioner against the victim. The court noted that the victim and the accused had a consensual relationship for over two years, and the FIR was filed after a delay of 15 days without any explanation. The court observed that the relationship appeared to be consensual and that the ingredients of Section 376 IPC were not prima facie made out. The court also considered that the accused was a permanent resident of Gangavathi and there was no likelihood of his absconding. The court allowed the petition and granted regular bail to the petitioner on conditions including furnishing a personal bond of Rs. 1,00,000 with two sureties, and not tampering with prosecution witnesses.
Headnote
A) Criminal Law - Bail - Rape - Consensual Relationship - Delay in FIR - The petitioner-accused sought bail under Section 439 Cr.P.C. for offences under Sections 376 and 417 IPC. The court considered that the victim and accused had a consensual relationship for over two years, and the FIR was filed after a delay of 15 days. Held that the accused is entitled to bail as the relationship appeared consensual and there was no prima facie case of rape. (Paras 1-5) B) Criminal Procedure Code, 1973 - Section 439 - Bail - Regular Bail - The court granted regular bail to the accused on conditions including furnishing a personal bond of Rs. 1,00,000 with two sureties, and not tampering with prosecution witnesses. (Para 5)
Issue of Consideration
Whether the petitioner-accused is entitled to regular bail under Section 439 Cr.P.C. for offences under Sections 376 and 417 IPC, considering the nature of the relationship and the delay in filing the FIR.
Final Decision
The petition is allowed. The petitioner-accused shall be enlarged on regular bail on executing a personal bond of Rs. 1,00,000 with two sureties, subject to conditions including not tampering with prosecution witnesses and appearing before the court as required.
Law Points
- Bail
- Rape
- Consensual Relationship
- Delay in FIR
- Section 439 Cr.P.C.
- Section 376 IPC
- Section 417 IPC
