JAMES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused under Section 439 of Cr.P.C. praying to release him on bail in Crime No.19/2020 of Konanur Police Station (Spl.Case No.3/2020), pending on the file of the Additional District and Sessions Judge & Closure Period Judge, Hassan.

(2.) I have heard Sri Prakash M.H., learned counsel for the petitioner-accused, Sri Santhosh, learned counsel for respondent No.2-complainant virtually and Sri Divakar Maddur, learned HCGP for respondent No.1-State.

(3.) The brief facts of the case are that when the victim was studying in 8th Standard, the petitioner and the victim who belonging to the same village developed intimacy. When the victim was studying in 10th Standard, the said fact was noticed by the complainant, the father of the victim and as such they were maintaining the distance. It is further alleged that for the purpose of further education, the victim has been got admitted in Mahatma Gandhi Centenary Institution, Mangaluru. When the victim was there the accused and victim used to speak with the help of mobile phone of the cook. It is further alleged that on 26.11.2019, there was Annual Day function and the same was informed to the petitioner by the victim and she asked him to come to the school. Accordingly, the petitioner came to the school and the victim introduced him to the teacher as her brother and a guest room was also provided to him. It is alleged that on the same day at about 12.30 p.m., the petitioner-accused by threatening the victim took her to the guest room and had forcible sexual intercourse with her. It is further alleged that on 25.12.2019 on Christmas day when she had been to her house she noticed some stomach ache and the people in the house felt that she might be having some gastric problem for that he has taken treatment. Thereafter she left to Mangaluru. Again on 23.1.2020 again she got stomach ache and when she was taken to hospital, it came to know that she is carrying three months pregnancy and the same has been intimated to the complainant, the father of the victim and on the basis of the said facts, a complaint has been registered.