Karnataka High Court Cancels Bail Of Police Constable Accused Of Rape On Pretext Of Marriage, Imposes ₹1 Lakh Costs For Obtaining Bail By Fraud

The Karnataka High Court has directed the Registrar General to file a complaint with the Vidhana Soudha police station against a police constable for allegedly playing fraud on the court as well as on the Trial Court, in obtaining bail order in a case of rape registered against him.

A single judge bench of Justice H P Sandesh allowed the petition filed by the victim in the case and cancelled the bail granted to the accused Fakirappa Hatti who had allegedly subjected the complainant to sexual acts from 2019 till February 2022 on the promise of marriage.

The bench directing the Deputy Commissioner of Police of the concerned jurisdiction to take the respondent in custody and subject him to trial said “It is necessary to curb the conduct of this type of litigant committing fraud on the Court and interfering with the administration of justice and the same has to be curbed with iron hand and also to be dealt with by imposing heavy cost when respondent No.2 gone to the extent of polluting the stream of justice which come in the way of administration of justice.”

The court also imposed a cost of Rs 1 lakh on the accused constable which is to be paid to the Karnataka State Legal Services Authority within a period of two weeks.

The police had registered an FIR against the accused based on the private complaint filed by the victim accusing him of rape. He approached the Sessions Court by filing a petition under Section 438 of Cr.P.C and the Sessions Judge granted the anticipatory bail on 04.04.2022. The said order was challenged before the High Court by the petitioner and the HC in elaborate discussion, taking into note of the material available on record, cancelled the bail granted by the Trial Court.

Following this the accused suppressing the said fact, filed a petition in the High Court seeking to quash the FIR. The court had ordered a stay on the investigation. Thereafter, the complainant came on record and narrated all the material facts before the Court and accordingly vacated the stay order.

Following this the accused surrendered before the Trial Court and filed an application seeking bail and the trial court by order dated 30.06.2023 granted bail again after the accused had suppressed all the previous High Court orders.

Seeking cancellation of bail, the victim argued that respondent No.2 had misled both the Trial Court as well as the High Court by suppressing all the material and had not approached the Court with clean hands.

The accused contended that the complainant's petition was filed with mala fide intention and unless witnesses were threatened, there cannot be any cancellation of bail which does not require any interference.

On going through the records the court noted that even the Public Prosecutor did not bring to the notice of the Trial Court any of the facts mentioned above and that the accused was granted bail due to suppression of facts.

"Respondent No.2 has abused the process while invoking Section 482 of Cr.P.C by suppressing the order passed by this Court that is cancellation of bail passed against him and obtained the stay order in the said writ petition filed under Section 482 of Cr.P.C.” it stated.

In noting the fact that the trial court had also overlooked the existence of the orders of the High Court, the bench directed the concerned Director of Prosecutions to instruct the public prosecutor regarding conveying information about previous proceedings and pendency to the concerned courts.

It added, “It is clear that it is nothing but a fraud on the Court and he had gone to the extent of indulging in these acts that too being a police constable which is the department of maintaining law and order.”

Accordingly, it allowed the petition, cancelled the bail, imposed ₹1 lakh cost on the accused, and directed the Registrar General to file a complaint against him. 

Appearance: Advocate Raghavendra Gowda K for Advocate Mohankumara D for Petitioner.

HCGP K.Nageshwarappa FOR R1.

Advocate M.R.Nanjunda Gowda FOR R2.

Citation No: 2024 LiveLaw (Kar) 126

Case Title: ABC AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO.151/2024

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