Criminal Petition No. 445 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:4176 CRL.P No. 445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 445 OF 2025 BETWEEN: ASLAM KHAN, S/O RASOOL KHAN, AGED ABOUT 26 YEARS, MOTOR BIKE MECHANIC TVS SHOW ROOM, CHITRADURGA, NOW R/O THIPPAREDDY NAGARA, NEAR GOVY SCOOLE, CHITRADURGA - 577 501. (BY SRI. IQBAL AHMED KHAN, ADVOCATE) …PETITIONER
Legal Reasoning
Digitally signed by LAKSHMI T Location: High Court of Karnataka AND: STATE BY WOMEN P.S., CHITRADURGA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT
Legal Reasoning
(BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S. 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT THE RELIEF OF REGULAR BAIL TO THE ACCUSED IN CRIME NO.115/2024 OF WOMEN POLICE STATION CHITRADURGA FOR THE ALLEGED COMMISSION OF OFFENCES UNDER SECTIONS 417, 376(2) (N) OF IPC PENDING ON THE FILE OF THIS HONBLE COURT IN SPL 2ND ADDITIONAL - 2 - NC: 2025:KHC:4176 CRL.P No. 445 of 2025 DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN S.C. 200/2024 FOR THE ALLEGED COMMISSION OF OFFENCES UNDER SECTIONS 417, 376(2) (N) OF IPC AND ALLOW THIS BAIL APPLICATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner is the sole accused in Crime No.115/2024 of Chitradurga Women Police Station registered for the offence punishable under Sections 376(2)(n) and 417 of IPC. 3. In her complaint, the victim has alleged that she got acquainted with the petitioner / accused about ten years prior and they are in love with each other for the last 7-8 years. Both the families agreed for the marriage and engagement ceremony was also held. The - 3 - NC: 2025:KHC:4176 CRL.P No. 445 of 2025 accused on the pretext of marriage, committed sexual intercourse with her and later refused to marry on the ground that his family members are not agreeing for the marriage and his marriage has been fixed with some other girl. It is alleged that complainant consumed some tablets and she was admitted in the hospital. 4. The learned High Court Government Pleader has contended that, in the statement of victim recorded under section 183 of BNSS, she has narrated the entire incident and stated that she became pregnant twice. It is contended that the offence committed by the accused is heinous in nature and if he is released on bail, he may try to intimidate the victim and other prosecution witnesses. 5. Even according to the complaint averments, the petitioner and victim were in love with each other for the past 7-8 years. Both the families agreed for the marriage, and the engagement ceremony was also held. - 4 - NC: 2025:KHC:4176 CRL.P No. 445 of 2025 6. The contention of the learned counsel for petitioner is that, later the family members of the petitioner were not willing for the marriage and therefore, their marriage was not solemnized. 7. The victim / complainant is aged about 25 years. The allegations that under misconception of fact as she was assured by the accused that he will marry her, consent was given etc., is a matter which has to be determined in the trial. 8. In Deepak Gulati v. State of Haryana reported in (2013) 7 SCC 675, the Apex Court has held: understanding "21. …. There is a distinction between the mere breach of a promise, and not fulfilling a false promise. Thus, the court must examine whether there was made, at an early stage a false promise of marriage by the accused; and whether the consent involved was given after wholly and consequences of sexual indulgence. There may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused, and not solely on account of misrepresentation made to her by the accused, or where an accused on account of circumstances which he could not have foreseen, or which were beyond his control, nature the - 5 - NC: 2025:KHC:4176 CRL.P No. 445 of 2025 was unable to marry her, despite having every intention to do so. Such cases must be treated differently. .…..…" "24. Hence, it is evident that there must be adequate evidence to show that at the relevant time i.e. at the initial stage itself, the accused had no intention whatsoever, of keeping his promise to marry the victim. There may, of course, be circumstances, when a person having the best of intentions is unable to marry to various the victim owing unavoidable circumstances. The "failure to keep a promise made with respect to a future uncertain date, due to reasons that are not very clear from the evidence available, does not always amount to misconception of fact. In order to come within the meaning of the term "misconception of fact", the fact must have an immediate relevance". Section 90 IPC cannot be called into aid in such a situation, to pardon the act of a girl in entirety, and fasten criminal liability on the other, unless the court is assured of the fact that from the very beginning, the accused had never really intended to marry her." 9. Prosecution has to prove the ingredients of the offence alleged in a full fledged trial. Petitioner is arrested and interrogated. He is in judicial custody from 19.09.2024. Charge sheet is already filed. Hence, without expressing any view on the merits of the case, by imposing conditions, petitioner can be admitted to bail. Accordingly, the following: - 6 - NC: 2025:KHC:4176 CRL.P No. 445 of 2025
Decision
ORDER (i) Petition is allowed. (ii) Petitioner / accused in Crime No.115/2024 of Chitradurga Women Police Station, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall appear before the trial Court regularly on all dates of hearing. - 7 - NC: 2025:KHC:4176 CRL.P No. 445 of 2025 Violation of any of the conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE MCR List No.: 1 Sl No.: 36 CT: BHK