K. BASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking bail in Hospet Town Police Station Crime No.77 of 2019 for the offence punishable under Sections 376(2)(f) , 354 , 506 , and 509 of IPC and Section 4 , 6 , 8 and 17 of the Protection of Children from Sexual Offences Act, 2012 (Special Case No.781 of 2019 pending before the I-Additional District and Special Judge, Ballari).

(2.) The facts briefly stated in the petition are that an complaint filed by the victim by name Chandbee D/o. Razak Sab the police have registered the case. The allegations in the complaint are that in the year 2017-18 the complaint-victim was residing in the house of the accused No.1. On 28.06.2018 the accused proposed to marry her, when the complainant-victim rejected his request the accused has committed rape on her. Thereafter, frequently he was caused harassment for performing sexual harassment on several occasions. And he has also spread the rumors about the rape committed by him in order to spoil her marriage prospects. On registering the case, police have conducted the investigation and submitted the charge sheet which is registered as Special Case No.781 of 2019. The bail petition filed under Section 439 of Cr.P.C. by the accused No.1 before the Special Court was rejected.

(3.) Heard the learned counsel for the petitioner/accused No.1 and the learned HCGP for the respondent-State and perused the prosecution records available at this stage.