MANJUNATH S/O. KAMAPPA BANTANOOR Vs. THE STATE OF KARNATAKA BY ITS ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA-585103

JUDGEMENT

(1.) PETITIONER is first accused in Crime No. 52/2012 of Kembhavi Police Station registered for the offences punishable under Sections 366(A), 506, 376, 114 read with Section 34 of IPC. Case of the prosecution is that, accused Nos. 1 and 2 took the victim forcibly on a motor cycle and accused. No. 1 - -petitioner herein committed rape on her. During the course of investigation, the statement of victim was recorded. The statement of victim recorded on 01.05.2012 reveals that the incident has occurred on 20.04.2012. The statement further discloses that the victim went along with the petitioner herein from Surpur to Bangalore in a bus and thereafter they spent some days at Bangalore. Thereafter petitioner did not have money to spend. Therefore, the took the victim to Bantanoor village of Muddebihal taluk and stayed there. During the course of those 10 days, the victim was alleged to have been raped.

(2.) FROM the aforementioned facts as disclosed in the statement of victim, it prima facie appears that the victim went along with the petitioner and she did not raise hue and cry while at journey to Bangalore or while coming back from Bangalore or during their stay in Bangalore. Nowhere in the statement she has alleged that she was under threat for those 10 days.

(3.) Be that as it may, having regard to the aforementioned facts, in my considered opinion, leniency may be shown in favour of the petitioner. Petitioner shall be released on bail subject to following conditions: