SANJAY @ SANJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.64/2020 OF Harugeri Police Station registered for the offences punishable under Sections 143 , 147 , 201 , 323 , 354(B) , 363 , 376(2)(n) , 384 , 420 , 427 , 504 , 506 read with Section 149 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sections 3(1)(r) 3(1)(w1) , 3(2)(v) , 3(2) (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention Of Atrocities) Act, 1989 (hereinafter referred to as the 'SC and ST Act ', for brevity.)

(2.) The case of the prosecution is that the victim has filed a complaint stating that she is working as a physical teacher and belong to Hindu Dhor Scheduled Caste and the petitioner belongs to Hindu Kurubar caste. Since 2013, she is serving as a physical teacher at Byakod village in Kasturba Gandhi Girls residential school and she came in contact with accused No.1 and since from 2014 accused No.1 and herself were in love with each other and accused No.1 has made her to believe that he will marry and in a rented house he had forcible sexual intercourse with her. Accused No.2 is the cousin brother of accused No.1 and he had availed loan from the victim. It is further alleged that the victim came to know that the petitioner/accused No.1 has got marriage engagement with another girl and accused No.2 had returned Rs.25,000/- out of Rs.50,000/- borrowed by him and he had to repay the balance amount of Rs.25,000/-. It is further alleged that on 11.04.2020 at 13.00 hours, the victim along with her relative Sanjay Lattimardi went to Hidkal to the house of accused No.1 to ask accused No.2 to repay the balance amount and at that time, accused No.1 asked the victim that why she had come there and abused her and dragged her, insulted and assaulted with hands and further accused Nos.1, 2 and 4 assaulted Sanjay Lattimardi with hands and accused Nos.1 to 5 have abused her and assaulted her with hands and thereafter accused Nos.1, 2 and 4 kidnapped them in a car and took them to Byakud village at about 13.30 hours to 21.00 hours and there accused Nos.6 to 10 threatened the victim not to disclose their love to anybody and if told accused Nos.6 to 10 will not live them alive and thereafter forced the victim to execute a bond and thereafter assaulted Sanjay Lattimardi. Accused brought the bond and accused No.11 wrote/drafted on the bond that the victim will not love accused No.1 etc. was written and they forced the victim to sign and put her thumb impression on the bond and thereafter took Rs.12,500/- from the victim and Sanjay Lattimardi and thereafter accused No.1 dropped them to Raibag. It is further alleged that on the next day at about 7.40 she contacted her friend and took treatment at Government Hospital and further accused No.1 promised her to marry and committed rape and accused No.2 and others have abused and assaulted her and Sanjay Lattimardi when they had gone to ask the money. Based on the said complaint a case came to be registered in Crime No.64/2020 by Harugeri police for the aforesaid offences. Bail application filed by the petitioner/accused No.1 in Crl.Misc.No.962/2020 came to be rejected by the Special/Sessions Court by order dated 24.07.2020. Therefore, the petitioner/accused No.1 is before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State and perused the charge sheet records.