UDAY @ UDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused No.2 under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C. ', for brevity) seeking anticipatory bail in Crime No.165/2021 of Gokak Rural Police Station, registered for the offences punishable under Ss. 376D, 506 r/w 34 of The Indian Penal Code (hereinafter referred to as the 'IPC ', for brevity).

(2.) The case of the prosecution is that the victim lady has filed the complaint stating that she is residing along with her husband, children in Maradi Shivapur of Gokak Taluk. She and her husband are doing agricultural work in the land of petitioner. That on 17.09.2021 at about 8.00 p.m., as per instructions of petitioner/accused No.2 her husband went to bring fodder to Mamadapur and at about 9.00 p.m., accused No.1 who is staying abutting their land came to victim complainant 's house and forcibly committed sexual intercourse on her. At that time, the complainant made hue and cry and petitioner/accused No.2 came holding sickle in his hand and threatened the complainant not to disclose the said incident to anybody. At that time, the elder son of victim lady came in front, and accused No.1 pushed him and he sustained injuries. The said complaint came to be registered in Crime No.165/2021 of Gokak Rural Police Station for the offence punishable under Ss. 376(D) and 506 r/w 34 of IPC. The petitioner/accused No.2 apprehending his arrest filed Crl.Misc.No.1069/2021 seeking anticipatory bail and the same came to be rejected by VIII Addl. District and Sessions Judge, Belagavi, by order dated 08/10/2021. Therefore, the petitioner is before this Court seeking anticipatory bail.

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