This petition is filed by the petitioner-accused under

Section 439 of Cr.P.C., for granting regular bail in Crime

No.236/2022

registered by

Devarajeevanahalli Police

Station, for the offences punishable under Sections 376,

417 of IPC.

2.

Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader for

the respondent-State.

3.

The case of the prosecution is that the

complainant-victim lady aged about 24 years filed a

complaint to the Police on 19.06.2022 alleging that the

petitioner came in contact with her when she was

proceeding to Vellangani, Tamil Nadu. Thereafter, they

both said to be fell in love. On 21.06.2017, the accused

took her to his house and had sexual intercourse with her

3

thereby, she became pregnant, she also said to be

delivered a female child on 08.11.2021 and she was

insisting the petitioner to marry her, but he used to avoid

by giving some reasons. But on 16.06.2022, the accused

said to be married some other lady and brought his wife to

his home. Therefore, the complaint came to be registered.

After registering the case, the Police arrested the petitioner

on 20.06.2022 and remanded to the judicial custody. The

investigation is completed and charge-sheet has been

filed. His bail petition came to be rejected by the Sessions

Court. Hence, he is before this Court.

4.

Having heard the arguments of the parties and

on perusal of the records, which reveals, of course, the

petitioner and the victim were fell in love, both of them

had intercourse and due to which she delivered a child. In

spite of a child delivered on 08.11.2021, no complaint was

registered against the accused. But the accused was

dragging

the

matter

without

marrying

her

and

subsequently, he said to be married some other lady on

4

16.06.2022, therefore, the complaint came to be lodged.

Now, the learned counsel for the petitioner submits that

the petitioner is ready to marry the victim lady and the

victim is already staying in the house of the accused. But

the accused is already a married man and though he has

promised to marry the victim lady and a child was born out

of their affair, therefore, this Court cannot give certificate

to the accused for marrying the victim lady at this stage

after marrying another lady. Granting permission to the

accused for getting second marriage is illegal. However,

the petitioner is in custody for more than three months.

Investigation is completed and charge-sheet has been

filed. Therefore, considering the facts and circumstances

of the case, I am of the view, by imposing certain

conditions, if bail is granted, no prejudice would be caused

to the case of the prosecution. Hence, the following

5.

Accordingly, criminal petition is allowed.

The Committal Court/Trial Court is directed to

release

the

petitioner-accused

on

bail

in

Crime

5

No.236/2022

registered by

Devarajeevanahalli Police

Station, for the offences punishable under Sections 376,

417 of IPC, subject to the following conditions:

(i)

Petitioner-accused

shall

execute

a

personal

bond

for

a

sum

of

Rs.2,00,000/- (Rupees Two Lakh only)

with two sureties for the likesum to the

satisfaction of the trial Court/Committal

Court;

(ii)

Petitioner shall not indulge in similar

offences strictly;

(iii)

Petitioner shall not tamper with the

prosecution

witnesses

directly/

indirectly;

(iv)

Petitioner

shall

take

trial

without

causing any delay.

Sd/-

JUDGE

GBB