Crl.P.No.6708/2021

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF SEPTEMBER 2021

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION No.6708/2021

BETWEEN:

MR.JOEL KOMANDA BAMBALE

S/O EMMANUEL KOMANDA

AGED ABOUT 31 YEARS

RESIDENT OF NO.96, 2^ND MAIN

2^ND CROSS, MUNIKALLAPPA ROAD

R.S.PALYA, KAMMANAHALLI

BANGALORE – 560 084

… PETITIONER

(BY SRI.RAJ PRABHU S, ADV.)

AND:

THE STATE BY

HENNUR POLICE STATION

HENNUR, BANGALORE – 560 084

REP. BY PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BANGALORE – 560 001

… RESPONDENT

(BY SRI.ROHITH B J, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON

BAIL IN S.C. NO.1637/2019 (CR.NO.201/2019) OF HENNUR

POLICE

STATION,

BENGALURU

FOR

THE

OFFENCES

PUNISHABLE UNDER SECTIONS 342, 323, 376 OF IPC ON

THE FILE OF THE LIII ADDITIONAL CITY CIVIL AND

SESSIONS JUDGE AT BENGALURU.

THIS CRIMINAL PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:

Crl.P.No.6708/2021

2

O R D E R

This is the second successive bail petition of the

accused in Crime No.201/2019 of Hennur Police Station

for the offences punishable under Sections 323, 342,

376 of IPC which is now pending in S.C.No.1637/2019

on the file of the LIII Additional City Civil and Sessions

Judge, Bengaluru (CCH-54).

2.

The petitioner is a foreign national. The

allegation against him is that on 10.07.2019 at about

4.00 a.m. after partying with CW.1 and her friends, he

took CW.1 and her friend CW.6 to Room No.303 of

Royal Classic Garden, CGH Guest House. It is further

alleged that after some time the petitioner threw CW.6

from the room and committed rape on CW.1.

3.

Learned counsel for the petitioner referring

to the medical examination of the victim and the

registration card issued by CGH guest House submits

that there is no prima facie material to show the sexual

assault on CW.1. He further submits that there is

variance in the scene of offence mentioned in the

Crl.P.No.6708/2021

3

registration card, the spot mahazar and the version of

CW.1 regarding the same.

4.

Crl.P.No.298/2020 filed by the petitioner

was rejected by this Court on 11.03.2020 considering

the merits. That petition was filed after filing of the

charge sheet.

5.

The contention with regard to medical

examination is already considered by this Court in the

earlier order. As per the statement of CW.4 Charles

Chandan the owner of CGH Guest House initially the

petitioner had hired suite No.303 and after CW.1 leaving

his suite, he got shifted himself to 302. Under such

circumstances, whether the evidence with regard to the

scene of offence is acceptable or not is a matter of trial.

While considering the bail petition, this Court cannot

conduct mini trial.

6.

The Hon'ble Supreme Court in Anil Kumar

Yadav vs. State (NCT of Delhi) and another¹ has

held that in the heinous crimes, the mere fact of

1

(2018)12 SCC 129

Crl.P.No.6708/2021

4

accused being in custody for more than one year is not

a relevant consideration in considering the application

for bail.

For the aforesaid reasons, this Court does not find

any changed circumstance enabling the petitioner of

bail. Therefore the petition is dismissed.

The trial Court is hereby requested to expedite the

trial and dispose of the matter as expeditiously as

possible.

Sd/-

JUDGE

akc