Being Govt Employee Not A Ground For Grant Of Bail In Rape Case: Karnataka High Court

Justice H P Sandesh while dismissing the petition filed by one Srinivas Murthy H.N. said

"The fact that petitioner is a Government employee is not a ground to enlarge him on bail, when the serious offence of rape is alleged against the petitioner."

As per the prosecution, the petitioner on 14.09.2021 took the victim girl to his Home Stay and subjected her to sexual act as against her wish, even though her marriage was already engaged with some other person. After committing the said act, he promised that he would marry her and not to disclose the same to anyone and if she discloses the same to family members, he will take away her life.

Advocate Kemparaju, appearing for the petitioner, submitted that the petitioner is working as Assistant Executive Engineer in KPTCL and a false case has been registered against him since he is a Government employee. Further, there is a delay of 1½ months in lodging the complaint and no prima facie case has been made out against the petitioner and he has been in custody from 14.11.2021.

The prosecution opposed the plea, stating that the victim girl in her statement under section 164 CrPC has categorically disclosed that she was subjected to sexual act forcibly and also caused life threat. The medical evidence was also clear that she was subjected to the sexual act and hence, there is a prima facie case against the petitioner.

On going through the records and evidence collected by the prosecution, the court said,

"From the statement of the victim girl, it is seen that, she has stated that she was subjected to sexual act against her wish and also caused life threat. She has also stated that her marriage was already engaged with another bridegroom and hence, after committing the sexual Court, he promised that he would marry and also caused life threat."

It added "Apart from that, medical evidence is also clear that hymen was tear and opinion of the doctor is also clear that, she was subjected to sexual act and material collected not rules out subjecting her for sexual act. When such being the material available on record, the fact that petitioner is a Government employee is not a ground to enlarge him on bail."

The court while dismissing the petition held; "Prima facie, the medical evidence, as well as the 164 statement, disclose that the fact that victim was subjected to sexual act."

Case Title: Srinivas Murthy H.N. And State Of Karnataka

Case No: Criminal Petition No.9831/2021

Citation: 2022 Livelaw (Kar) 32

Appearance: Advocate Kemparaju For Petitioner

Advocate Krishna Kumar For Respondent

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