The Court of Sessions for Greater Bombay granted bail to Gururaj Puttaraju Whiler (30), a Karnataka resident, who was accused in a rape case (C.R. No. 489/2022) registered at Kurla Police Station under Section 376 of the Indian Penal Code.
H.H. Additional Sessions Judge Dr. Gauri Kawdikar allowed the application (Criminal Bail Application No. 938 of 2024) on May 7, 2024, after noting that the nature of the relationship, which continued after the first alleged incident, prima facie suggested it was consensual. The Court also observed that the key steps of the investigation were complete, making continued detention unnecessary.
Case Summary and Core Allegations
- Applicant: Gururaj Puttaraju Whiler, R/o Mandiya, Karnataka.
- Offence: Section 376 IPC (Rape), lodged on June 1, 2022.
- Incident: The accused and the complainant (30 years old) met in April 2022 and exchanged numbers. The accused proposed marriage. On May 9, 2022, the accused took the complainant to a hotel room in Kurla. The FIR alleges that when the complainant refused sexual relations, the accused pulled her near him and established sexual relations “many times.”
- Subsequent Conduct: After the alleged incident on May 9, they went to Phoenix Mall, returned to the hotel that night, and the accused again established sexual relations. On May 10, they went to watch a movie.
- Breakup: On May 11, the accused informed the complainant he was in Bangalore and later (May 14) refused to marry her, stating he was already married.
Court’s Rationale for Granting Bail
The Court’s decision was based on a detailed analysis of the FIR and the status of the investigation:
- Doubt on False Promise: The accused argued he was not married and only claimed so to break up, and that the complainant, being 30 years old, had “sufficient maturity to understand the consequences of one’ act.” The Court noted that whether the promise to marry was false from the beginning is a “question of trial” and depends on the accused’s actual marital status, which was not confirmed by the Ld. APP at this stage.
- Consensual Nature: The crucial finding was that the relationship continued after the first alleged assault: “It is pertinent to note that the first sexual encounter… took place on 09/5/2022. On the next day, they have gone to watch a movie. It prima-facie shows that their sexual relationship was consensual.”
- Investigation Complete: The Court emphasized that key evidence was secured: Medical examinations of both parties were done, the complainant’s statement under Section 164 Cr.P.C. (before a Magistrate) was recorded, and the Spot Panchanama was prepared. The Court concluded that “no propriety would be served by keeping the accused behind bars.”
- No Criminal Antecedents: The accused has no prior criminal record and is a permanent resident of Karnataka.
Bail Conditions
The Criminal Bail Application No. 938 of 2024 was allowed. Gururaj Puttaraju Whiler was released on bail upon furnishing a Personal Bond of ₹50,000/- with one or more sureties in the like amount.
Key conditions imposed to protect the complainant and ensure trial presence:
- Reporting: The accused must attend Kurla Police Station on the 2nd and 4th Sunday of every month between 11:00 a.m. and 1:00 p.m. until the charge-sheet is filed.
- No Contact: The accused shall not contact the complainant or her family members directly or indirectly.
- Digital Restriction: The accused shall not upload any video or photographs of the complainant on Social Media.
- Non-Tampering: He shall not tamper with evidence or witnesses.
- Travel/Residence: He shall not leave India without Court permission and must inform the I.O. of any change in residence/contact details.