MR.AVINASH BHEEMA NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.104/2020 of Harapanahalli Police Station registered for the offences punishable under Sections 114 , 376 , 420 read with Section 149 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that the complainant and the petitioner loved each other since last 4 to 5 years and the petitioner/accused is working as a power man and was regularly visiting the house of the complainant and even convinced the family members for his proposal to marry the complainant. Around 4 years ago, against the will of the complainant, while she was alone in the house, the petitioner committed sexual assault on her. Even when the complainant visited the house of the petitioner, they had sexual intercourse. The complainant thereafter, informed the same to her family members who advised her that as petitioner is going to marry they need not worry. On 15.12.2019, the family members of the complainant and the petitioner accused along with elders of the village met in the house of the complainant and decided to solemnize the marriage after Ugadi 2021. In the meantime, the petitioner is alleged to have developed intimacy with another lady namely Suvarna @ Shobha. Therefore, the date of marriage was preponed to 15.06.2020 and instead of marrying the complainant, the petitioner ran away with Suvarna on 04.06.2020. When the complainant enquired about the same with the parents of the petitioner, even they informed that the petitioner had left the house. Brother of the complainant left the victim in the house of the petitioner/accused. While she was staying along with the parents of the petitioner, she came to know that even the family members of the petitioner had helped him to run away. On 06.06.2020, the sister of the complainant namely Shobha came to meet her in the house of the complainant and the complainant thereafter went in an auto rickshaw along with Shobha to the medical shop and purchased some poison and both of them went near the Revenue Office and at about 9.30 am drank the poison behind the Revenue Office and informed the same to Shobha who immediately took her to Harapanahalli Government Hospital in an auto. A complaint came to be lodged against the petitioner/accused No.1 and his family members on 06.06.2020 and a case came to be registered in Crime No.104/2020 in Harapanahalli Police Station. The petitioner had approached learned III Additional District and Sessions Judge, Bellary sitting at Hosapete, seeking bail under Section 439 Cr.P.C. and the same came to be rejected. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the arguments of the learned counsel appearing for the petitioner-accused No.1 and the learned High Court Government Pleader for the respondent-State.