VARADARAJ Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 439 of the Criminal procedure Code, 1973 requesting for grant of bail for having been arrested for the offence under Section 366, 376 and 506 of the Indian Penal Code, 1860.

(2.) The facts relevant for the purpose of this petition are as under. THE prosecutrix is the complainant, aged about 22 years and it is on 14-5-2009 that she filed the complaint to the police. She states that on 14-5-2009 at about 11.00 a.m. she went to the college and at 3.00 p.m., while she was returning through Balabharathi Playground at Bhadravathi, the petitioner who was an auto driver came with auto asked her to accompany him. She refused and at that time, the petitioner said to have held her and forcibly put her into the plastic bag. He closed her mouth and threatened to kill her in case if she cries. She was taken in the autorickshaw and thereafter stopped the same and after opening the bag, she was found that she was in the house of the petitioner. He forcibly removed her clothes and after giving threat to kill her, he closed her mouth and forcibly had sexual intercourse with her Again, he threatened her to kill and put her in the plastic bag and again took her in the autorickshaw, brought her to a place and when he stopped the autorickshaw, the relatives and friends of the prosecutrix were found, who stopped the autourickshaw and after opening the bag, they removed her and thereafter she filed the complaint to the police for the above said offence.

(3.) The learned Government Pleader has opposed the application.