VITTALA S/O SHIVANNEGOWDA Vs. THE STATE OF KARNATAKA BY THE POLICE OF HUNSUR RURAL POLICE STATION HUNSUR MYSORE DISTRICT

JUDGEMENT

(1.) THE respondent registered Crime No. 31/2010 for the offences punishable under Section 376 and 420 I.P.C. The case of the prosecution in brief is that the petitioner was compelling the minor girl 'D' (15 1/2 years) to love him. He threatened her that he would commit suicide, if she fails to love him. He held out the assurance to marry her only, come what may. He made her believe him, he took her to his place and held an intercourse with her a number of times despite her resistance. She became pregnant by him. On being informed of the same, the petitioner asked her not to worry, as he is going to marry her in any case. Thereafter he absconded. His whereabouts are not known.

(2.) THE minor gin 'D' belongs to Budabudike community, one of the enumerated Scheduled Castes/Tribes. The petitioner belongs to Vokkaliga community. The minor girl 'D' has also because she belongs to the low caste.

(3.) SRI Raja Subrahmanya Bhat, the (earned High Court Government Pleader for the respondent submits that as per the radiological examination report, 'D' is a minor girl aged about 15 1/2 years. As 'D' is a minor, the question of her giving a valid consent for holding the intercourse would not arise at all, so submits Sri Bhat. Considering the gravity of the offence and the conduct of the petitioner, this is not a fit case for the grant of anticipatory bail. The power to grant anticipatory bail is an extra -ordinary power, which is to be exercised with great care, caution and circumspection. Not finding any good ground for granting anticipatory bail, this petition is rejected.