SHIVANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court aggrieved by the order dated 13.12.2019 passed by the Court of Principal Sessions Judge, Dharwad in Crl.Misc.No.827/2019, whereby the application filed by the petitioner for bail was rejected in connection with Navalgund Police Station Crime No.142/2019 for the offences punishable under Sections 451, 376, 363, 504, 506 r/w 34 of IPC.

(2.) The case of the prosecution is that the complainant who is resident of Karlwad in Navalgund Taluk was residing with her husband Mallappa and two sons. She was attending to coolie work in the field of the petitioner and in that context the petitioner because very close with the complainant. The petitioner by taking advantage of the complainant had physical relation with the complainant. Six months prior to the filing of the complaint on 11.05.2019 at about 3.00 a.m. in the morning, the petitioner came to the house of the complainant by removing the door lock, the complainant being alone in the house, though the complainant requested the petitioner by stating that she is married having two children, the petitioner committed an act of rape and threatened that if the complainant were to inform any one he will not leave her husband and her children. Thereafter, the petitioner often came to the house of complainant and indulged in sexual intercourse with the complainant. On 18.05.2019, when the complainant had gone to attend to nature call near the lake, the petitioner came and took her in his vehicle to Hubballi and later dropped her in Gadag. After five days, the petitioner is said to have came on his motor bike and taken the complainant to a temple and raped the complainant in the neighboring field.

(3.) In the meanwhile, the husband of the complainant had lodged a missing complaint as regards which the petitioner is alleged to have told the complainant to give a statement before the police that she had voluntarily left the house which she did.