The court considered the delay in lodging the complaint and the circumstances surrounding the complainant's divorce in granting bail to the petitioner.

Petitioner is accused of commission of offence under Sections 420 and 376 of IPC in Crime No.52/2016 registered by the Mayakonda police station.

2. Heard Sri. S.B. Halli, learned counsel for the petitioner and Sri. S. Vishwa Murthy, learned High Court Government Pleader for the respondent/State.

3. Learned counsel for the petitioner submits that due to inimical disposition, the complainant has lodged a false complaint. The complaint is filed after about five months from the date of alleged incident. The complainant is a divorcee. He further submits that, a careful reading of the complaint does not disclose commission of offence alleged. Petitioner is an innocent person and undertakes to abide by the conditions of this Court. Hence, he prays to allow this petition.

4. Learned HCGP, opposing the petition, submits that the petitioner has cheated the complainant by assuring her that he would marry her. As on the date of the complaint, the complainant was five months pregnant. Accordingly, he prays for dismissal of the petition.

5. I have carefully considered the submissions of the learned counsel for the petitioner and the learned HCGP for the State; and perused the records.

6. Complaint is lodged on 04.07.2016 in respect of an offence said to have taken place in February 2016. Learned counsel has placed for perusal of this Court, a copy of the Order dated 23.01.2016 in M.C.175/2015, which shows that the complainant has obtained the consent divorce from her previous husband.

7. In view of the delay of five months in lodging the complaint, in my view, pending trial, the petitioner deserves to be enlarged on bail.

8. In the result, it is directed that the petitioner shall be released from the custody in Cr.No.52/2016 of Mayakonda Police Station subject to the following conditions:-

i. Petitioner shall execute a self bond for a sum of Rs.50,000/- each with one local surety for the likesum to the satisfaction of the concerned Court.

ii. Petitioner shall cooperate with the Investigating Officer during the further course of investigation, if any and appear before him as and when called upon;

iii. Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;

iv. Petitioner shall not involve himself in any criminal activities; and

v. If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.

Petition is allowed.