Case Note & Summary
The petitioner, Basavaraj, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in Crime No.58/2017 registered at Karatagi Police Station for offences punishable under Sections 376 (rape), 420 (cheating), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code, 1860. The case arose from a complaint filed by a victim who alleged that the accused, belonging to the same community, became acquainted with her and promised to marry her. Based on this promise, the accused allegedly had physical relations with her. The victim later discovered that the accused was already married and had a child, leading to the filing of the complaint. The accused was arrested and in judicial custody. The court observed that the victim was a grown-up lady who had completed PUC and was aware of the consequences. The victim continued to meet the accused even after the alleged incident, indicating a consensual relationship. The court noted that the allegations of rape on the false promise of marriage did not constitute a prima facie case of rape, as the relationship appeared to be consensual. The court allowed the bail petition, directing the accused to be released on bail subject to conditions, including furnishing a bond of Rs.1,00,000 with two sureties, and not tampering with prosecution witnesses or committing similar offences.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Offences under Sections 376, 420, 504, 506 IPC - The petitioner/accused sought bail in a case where the victim alleged rape on the false promise of marriage. The court considered the long acquaintance between the parties and the fact that the victim continued to meet the accused even after the alleged incident. Held that the accused is entitled to bail as the allegations appear to be consensual and no prima facie case of rape is made out. (Paras 1-3)
Issue of Consideration
Whether the accused is entitled to regular bail under Section 439 of CrPC for offences under Sections 376, 420, 504, 506 of IPC.
Final Decision
The petition is allowed. The petitioner/accused shall be released on bail in Crime No.58/2017 of Karatagi Police Station for the offences punishable under Sections 376, 420, 504, 506 of IPC, on executing a personal bond of Rs.1,00,000 with two sureties for the likesum to the satisfaction of the trial court. The accused shall not tamper with the prosecution witnesses and shall not commit similar offences.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Consent
- Promise to marry
- Rape
- Cheating
- Criminal intimidation
