LAKKAPPA SIDDAPPA PUJERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.64/2020 of Raibag Police Station, Raibag registered for the offence punishable under Sections 341 , 376 and 506 of IPC.

(2.) The case of the prosecution is that complainant victim lady lodged a complaint in Raibag Police Station on 08.03.2020 alleging that she is residing at Nipnal village, Tq.Raibag along with her sons and mother-in-law and her husband has expired about 6 years back in an accident and that the petitioner and his brothers have provided a road to her family to approach their garden land and as such she is having acquaintance with petitioner.

(3.) It is alleged that on 04.03.2020 at about 4 p.m. when she was returning from a Flour Mill to her house, the petitioner obstructed her and dragged her in the sugarcane land and committed rape upon her inspite of her resistance and threatened her with dire consequence, if she discloses the said incident to anybody and further alleged that on hearing her hue and cry, the persons by name Satteppa Naik, Mudakappa Halabar came there and thereafter the petitioner ran away in the sugarcane land. Thereafter, she went to the funeral of her relative by name Lakkappa Gurappa Baddi along with her brother and thereafter stayed in her parental house at Kankanawadi and she informed the said incident to her brother, parents and after the consultation she has lodged complaint before the Police. On the basis of the complaint, the Raibag Police have registered Crime No.64/2020 for the offence punishable under Section 341 , 376 and 506 of IPC. The Police arrested the petitioner on 10.03.2020. The Police after investigation have filed charge sheet. The petitioner-accused has filed Crl.Misc.No.647/2020 seeking bail and the same came to be rejected by VII Addl. District and Sessions Judge, Belagavi by order dated 26.05.2020. Therefore, petitioner-accused is before this Court seeking bail.