RAMZANSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of the Code of Criminal Procedure, 1973 (' Cr.P.C .' for short), seeking to enlarge the petitioner, who is arraigned as accused No.2, on bail in Crime No.25/2022 of Mahila Police Station, Raichur, registered for the offences punishable under Ss. 448 and 376 of Indian Penal Code (' IPC ' for short), on the file of Prl. Civil Judge and JMFC Court, Raichur.

(2.) It is alleged by the prosecution that a complaint came to be filed on the basis of first information lodged by one Smt. Parvathi wife of Late Sharanappa stating that she had married to Sharanappa about eleven years back. Her husband had died five months back prior to the incident due to ill-health. Therefore, she was residing with her mother and minor daughter. It is alleged that the petitioner is an auto driver. He used to talk with her after death of her husband and is having close intimacy with her. He used to state her that he will look after her. But she has refused for the same. It is further alleged that on 18/3/2022 at about 10.00 p.m. when she was in her house alone, the petitioner came to her house and committed sexual intercourse on her against her will. At that time her brothers came to spot. The petitioner ran away from that place. Therefore, she has lodged the complaint. The police have registered the case and took up investigation. The petitioner was arrested on 7/5/2022. Since then he is in judicial custody. After completion of the investigation, the police have filed the charge sheet for the offences as stated above. The bail petition filed by the petitioner came to be dismissed by the Sessions Court. Hence, the petitioner has filed this petition.

(3.) Heard Sri. Kadloor Satyanarayanacharya, learned counsel for the petitioner and Sri. Veeranagouda Malipatil, the learned High Court Government Pleader for the respondent - State.