(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
(2.) The petitioner who is the sole accused in Crime No.9/2020 registered by Ponnampet Police Station, Gonikoppa Circle, Kodagu for the offences punishable under Sections 302 and 328 of IPC and under Sections 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act), 1989 has filed this petition under Section 439 of Cr.P.C.
(3.) On the complaint of one Jenukurubara Rama s/o late Puttaiah, Ponnampet Police Station, Kodagu have registered FIR in Crime No.9/2020. As per the complaint averments, the complainant in the father of the victim girl-Lakshmi, who is said to be in love with the petitioner-accused. Subsequently, the petitioner allegedly started loving another girl and when Lakshmi enquired the petitioner in this regard, the petitioner quarrelled with her and said that since she belonged to Jenu Kuruba caste, he cannot marry her. On 03.02.2020 the petitioner allegedly came to the house of Lakshmi and took her in his jeep towards Balele. With an intention to kill lakshmi, he allegedly forcibly made her to drink pesticide and there afterwards, admitted her to Hanagodu Government Hospital. After coming to know about the admission of his daughter in the hospital, the complainant went to the said hospital and as per the doctor's advice, Lakshmi was shifted to K.R.Hospital, Mysore. The complaint was lodged in this regard on 07.02.2020 by the father of Lakshmi, on the basis of which FIR in Crime No.9/2020 was registered by the Ponnampet Police Station. The petitioner was arrested on 15.02.2020 during the course of his investigation. There afterwards, the petitioner approached the Court of II Additional District and Sessions Judge, Kodagu, Madikere in Crl.Misc.No.5103/2020, which was dismissed vide order dated 20.08.2020. Therefore, the petitioner has approached this Court in this petition.