The Karnataka High Court has granted bail to Advocate G. Devaraje Gowda, who is accused in a rape case, citing his involvement in filing election petitions against several political figures. The decision was made by Justice M.G. Uma in Criminal Petition No. 5449 of 2024.
Background of the Case
The case revolves around allegations made by Jyothi, a 36-year-old married woman from Holenarasipura, Hassan District. The complaint, initially filed on April 1, 2024, accused Gowda of sexual harassment, voyeurism, criminal trespass, intentional insult, and criminal intimidation under various sections of the Indian Penal Code (IPC) and the Information Technology (IT) Act. A further statement by Jyothi on April 10, 2024, added allegations of rape, leading to the inclusion of Section 376(1) of the IPC.
Legal Issues Involved
The primary legal issue before the court was whether Gowda should be granted bail under Section 439 of the Criminal Procedure Code (Cr.P.C.). The court had to consider:
– The delay in lodging the complaint.
– The credibility of the allegations.
– Gowda’s involvement in filing election petitions against political figures, which he claimed led to the counter-complaint.
Court’s Observations and Decision
Justice M.G. Uma noted several key points in her order:
– Delay in Complaint: The court observed an inordinate delay of about three months in lodging the complaint, with the FIR being registered on April 1, 2024, and the rape allegation surfacing only in the further statement on April 10, 2024.
– Counter-Complaints: The court highlighted the sequence of complaints and counter-complaints between Gowda and Jyothi’s husband, Dharmendra. Gowda had filed a complaint against Jyothi and Dharmendra on March 28, 2024, which was followed by Dharmendra’s counter-complaint on March 31, 2024.
– Political Context: The court took into account Gowda’s role as an advocate involved in filing election petitions against several political persons, which had resulted in the disqualification of some respondents. This context was deemed relevant in assessing the motivations behind the complaints.
Justice Uma stated, “All these facts and circumstances have to be taken into consideration while considering the bail application filed by the petitioner to form an opinion as to whether there are strong prima facie materials against the petitioner for having committed the offences.”
Bail Conditions
The court granted bail to Gowda with the following conditions:
– He must furnish a bond of Rs. 2,00,000 with two sureties of the same amount.
– He must not commit similar offences.
– He must not threaten or tamper with prosecution witnesses.
– He must appear before the court as and when required.
The court emphasized that these observations were solely for the purpose of deciding the bail petition and should not influence the trial court’s decision on the merits of the case.
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Representation
Senior Advocate Arun Shyam, along with Advocate M.R. Vijaya Kumar, represented the petitioner, G. Devaraje Gowda. The State was represented by Senior Public Prosecutor B.A. Belliyappa and High Court Government Pleader K.P. Yashodha.
Case Title: G. Devaraje Gowda v. State of Karnataka & ANR
Case No: Criminal Petition No. 5449 of 2024
Neutral Citation: 2024:KHC:24386
