MANJUNATHA E. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the accused in Cr.No.69/2020 of Thirumalashettyhalli Police Station, Bengaluru for the offences punishable under Sections 376 , 420 and 417 of the Indian Penal Code. The charge- sheet is laid by the Investigating Officer against the accused. The accused is in judicial custody since from the date of his arrest and therefore, the counsel for the petitioner is seeking to enlarge the petitioner on regular bail by urging various grounds.

(2.) Heard the learned counsel for the petitioner appearing through video conference and the learned HCGP appearing for the Respondent/State who is physically present before the Court.

(3.) It is stated in the complaint that the victim is a divorcee and residing at Mahadevapura with her daughter. The accused came in contact with the victim prior to three months and they used to converse with each other over phone. Thereafter, the accused started to visit the house of the complainant/victim twice in a week and made her to believe that he would marry her and was also giving certain amount to her in order to meet her daily expenses and had forcible sexual intercourse with her. It is further stated in the complaint that on 13.07.2020, the petitioner called the complainant over phone and invited her to his house situated at Koraluru village for collecting ration and cash of Rs.2,000/- from him. Believing his words, the complainant went to his house, immediately the petitioner dragged her to a room and tortured her and forcibly committed rape on her three to four times and he did not pay money or gave any ration to her as promised by him. On filing of a complaint by her, case in Cr.No.69 of 2020 came to be registered and subsequent to registration of the crime, case has been taken up for investigation by the Investigating Agency and the Agency laid the charge-sheet against the accused. The complaint came to be filed on 16.07.2020 at around 12.30 p.m. and there is an inordinate delay of four days in filing the complaint against the accused before the police and the explanation for the said delay is not forthcoming.