This is an application for anticipatory bail. The petitioner is the accused in Crime No.759/2021 of Hosdurg Police Station, Kasargod District, alleging commission of offences under Sections 376, 420, 493, 494, 495, 496 and 294 (b) of the Indian Penal Code.
2. The allegation against the petitioner is that the petitioner, who belongs to the Muslim community projected himself as a member of the Hindu community had married the de facto complainant and had started living with her. It is only later that it came to be known , that the petitioner was actually a Muslim by birth and that he was already married.
3. The learned Counsel for the petitioner would submit that the petitioner and the de facto complainant had entered into a purely consensual relationship and that, it is quite unbelievable that the de facto complainant was not aware of the back ground and circumstances of the petitioner. It is submitted that the petitioner was forced to have a marriage with the de facto complainant, when he had taken her to Bangalore in a taxi being operated by him. It is submitted BAIL APPL. NO.6828 OF 2021 that the petitioner is falsely implicated in the matter.
4. The learned Public Prosecutor on instructions would submit that the investigation conducted thus far reveals that the petitioner projected himself as a Hindu and had conducted a mock marriage with the de facto complainant and had subjected her to sexual relationship on the pretext that he was not a married man. It is also submitted that the grant of bail at this stage may affect the investigation. It is therefore, submitted that the petitioner should not be granted anticipatory bail.
5. Having regard to the facts and circumstances of the case, and considering the fact that the custodial interrogation of the petitioner may not be necessary to complete the investigation in Crime No.759/2021, of Hosdurg Police Station, Kasargod District, I am inclined to grant anticipatory bail to the petitioner subject to conditions. In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in connection with Crime No.759/2021, of Hosdurg Police Station, Kasargod District, subject to the following conditions:-
(i) Petitioner shall execute bond for sum of Rs.50,000/- BAIL APPL. NO.6828 OF 2021 (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;
(ii) Petitioner shall appear before the investigating officer in Crime No.759/2021, of Hosdurg Police Station, Kasargod District on every saturday at 11.00 AM until further orders;
(iii) The petitioner shall not attempt to contact de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.759/2021, of Hosdurg Police Station, Kasargod District;
(iv) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.759/2021, of Hosdurg Police Station, Kasargod District may file an application before the jurisdictional Court, for cancellation of bail. GOPINATH P. JUDGE
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