NAGAPPA MALLAYYA DORE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The complainant is the victim in this case who has alleged in the complaint that the present petitioner/accused since had assured her that he would marry her, both of them were residing in the same house, during which period, since one year the accused had several times sexual intercourse with her. He had also taken two tolas of gold and a sum of Rs.70,000/- saved by the complainant, for his expenses and had spent the same. When asked by the complainant, to marry her, the accused about 20 days prior to the date of complaint, refused to marry her. The said complaint was registered for the offence punishable under Section 376 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as " IPC "). After completing investigation, the Police have filed the charge sheet against the accused for the offences punishable under Sections 417 , 493 and 376 of IPC.

(2.) The accused is said to be in judicial custody since 30-10-2019.

(3.) Learned counsel for the petitioner, in his argument submitted that even though the complaint is taken on its face falue, still, it could at the maximum make out an offence punishable under Section 457 of IPC and it will not at all attract Section 376 of IPC. Stating that the accused is languishing in jail even after completion of the investigation, the learned counsel prays for his enlargement on bail.