DEVAPPA Vs. STATE

JUDGEMENT

(1.) The petitioner has sought for regular bail under section 439 of Code of Criminal Procedure in Crime No.130/2019 of Bheemarayanagudi Police Station, registered for the offences punishable under sections 354 , 366 , 504 , 506 of Indian Penal Code (hereinafter for brevity referred to as ' IPC ') and sections 3(1) (r), 3(1) (s), 3(1) (w) and 3(2)(5a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance 2014 (hereinafter for brevity referred to as 'SC/ST (PA) Ordinance').

(2.) The complainant is the alleged victim in this case, who in her complaint, has alleged that the accused was pestering her to marry him even after knowing that she was married and was a mother of three children. The refusal by the complainant was not acceptable to the accused. That being the case, on 06.12.2019 at about 10.30 a.m., when she had been to the land, the accused caught hold of her in her land and putting her under life threat, took her to Shirwal road and catching passenger autorickshaw, took her to a place called Shahapur, from there to Tintani Mouneshwar temple and kept her there for a few days. On 10.12.2019 in the afternoon the accused told her that she being a married lady, he cannot marry her. At the same time, couple of residents of her village also noticed her. When these people enquired her, she alleged that she was forcibly abducted by the accused. The said complaint was registered for the offences punishable under sections 354 , 366 , 504 , 506 of IPC and sections 3(1) (r), 3(1) (s), 3(1) (w) and 3(2)(5a) of SC/ST (PA) Ordinance.

(3.) Learned counsel for the petitioner submits that a reading of the complaint on the face itself would go to show that the complainant who is major in her age was a consenting party for the alleged act. She herself has stated that the accused has not misbehaved with her, in any manner, affecting her chastity. He further submits that since the complainant herself has stated that couple of residents of her village noticed her at a different place, she scared by the alleged revelation of her act, has lodged a false complaint against the accused.