IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 21st DAY OF JANUARY 2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION No.10027/2011 BETWEEN: Shri Bavatis @ Sadanand Sb Francis Souz Aged 28 years, 0cc: Coolie, Rio Tivoli, Khanapur Taluk, District Beigaurn. .. PETiTIONER (by Shri Srinand A Pachchapure, Advocate) AND: The State of Karnataka, By Khanapur Police Station, Now represented by the State Public Prosecutor. .. RESPONDENT (by Shri Vinayak S Kulkarni, Government Pleader) This Criminal Petition is filed under section439 of the Code of Criminal Procedure seeking grant of bail to the petitioner-accused no.1 with conditions in Crime No.156/2010 registered for the offences punishable under sections 366-A, 368. 376, 114 read with section 34 of the Indian Penal Code by the respondent — Khanapur Police. This petition coming on for Orders this day, the court made the following :- ORDER Heard the learned counsel for the petitioner and the respondent. 2. The case of the prosecution is that on 9.5.2010, the complainant alongwith his wife Gangubai had been to Bandargalli Village and their daughter Shubhangi was alone at home. The complainant and his wife had returned on 13.5.20 10 and they found that her daughter was not at home. On 14.5.20 10 at 7a.m., Shubangi returned home and told her parents that a friend of hers, one Akshta Madar. came to the house and told her to go to the land of Akshta Madar in relation to agricultural work and she did go there, at which time, one Elina Peter Souze and Bharmani Madar were present. All of them tied her up, gagged her and at about 9p.m., Bharrnani 3 Madar held her hands while Elina Peter Souze held her legs and Akshta Madar gagged her and the petitioner is said to have committed rape on her. The fbther of Shubangi had lodged a complaint before the Khanapur Police Station on 15.5.2010 on the above basis and a case has been registered against the petitioner and others. The petitioner has been arrested on 28.7.20 10 and remanded to judicial custody. The petitioner having approached the Sessions Court for grant of bail, the same has been dismissed. Hence, the present petition. 3. The learned counsel for the petitioner would point out that the other accused have been granted bail and by parity of reasoning, the petitioner is also entitled to be enlarged on bail. On the face of it, there is a delay of four days in filing the complaint and this is totally inexplicable. The alleged place of incident and the police station is about 18 kilometres. There was no explanation for the delay. It is contended that the petitioner has been falsely implicated in the case and he would 4 submit that the medical report if secured, would indicate the truth of the matter. It is in this vein that the petitioner seeks to be enlarged on bail. 4. The learned Government Pleader has filed his objections to contend that the victim was a young girl of 15 and that the complaint cannot be taken lightly and therefore the petitioner being enlarged on bail at this point of time, may result in the petitioner influencing the investigation and the prosecution witnesses. The Government Pleader has made available the medical report as well as the report ofthe Forensic Science Laboratory. 5. From a perusal of the initial report, there is no indication of injuries on the body of the victim nor is there any sign of sexual violation. So is also the case insofar as the Forensic Science Laboratory’s report is concerned. There is no indication of forcible rape on the victim. The delay, as rightly pointed out by the counsel for the petitioner, in lodging the complaint has not been properly explained. Accordingly, the petitioner has made out a case for enlargement on bail, Hence, the petition is allowed. The petitioner is released on bail on his furnishing a self bond in a sum of Ras.20,000/- with a solvent surety for a like sum. The petitioner shall not leave the jurisdiction of the court without the leave of the court. The petitioner shall not threaten or induce the prosecution witnesses. The petitioner shall attend the trial on all dates of hearing unless exempted by the court below. JUDGE nv