RATHISH Vs. STATE BY KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned High court Government Pleader for the respondent State and perused the records.

(2.) It is seen from the records that the victim lady has filed a complaint stating that she belonged to Scheduled Tribe and on the assurance that he would like to marry her and on that basis, it appears that physical contact developed between the accused and the victim girl. In this context, for a period of more than six years, they have continued their contact and due to which, she conceived and when she was two months pregnant, she requested the accused to marry her. It is also stated that the accused/petitioner has taken 28 grams of necklace and cash of Rs.1,50,000/- and the accused returned an amount of Rs.50,000/- and refused to marry her on the ground that she belonged to Scheduled Tribe. On these allegations, complaint came to be lodged on 28.2.2020. On which basis, the police have registered a case for the offences punishable under Sections 420 , 506 of IPC and also u/s.3(1)(s) of SC and ST (Prevention of Attrocities) Act, 1989.

(3.) The petition is filed u/s.439 of Cr.PC . The accused/petitioner was already arrested and he has been in judicial custody from the date of his arrest. The offences are not punishable either with death or life imprisonment.