SATISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The sole accused has filed this petition under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.21/2022 of Karwar Rural Police Station registered for the offences punishable under Ss. 376(2)(n) , 417 and 506 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that, the mother of the victim girl has filed the complaint stating that her daughter/victim girl, aged 27 years, was taken to Kamala Hospital, Ankola, during December 2021, as she had no menstrual cycle periodically, and the Doctor who examined her told that, the victim is 5 months pregnant and on being asked, the victim girl told her mother that she is having love affair with a boy of their community and refused to state his name and thereafter she was taken to the Civil Hospital, Karwar. It is further stated that thereafter the complainant asked her daughter repeatedly, at that time, she disclosed that she is having love affair with this petitioner and he took her during August 2021 to hilly area at Harijankeri and had physical contact with her. It is further stated that on 23/1/2022, the complainant informed the same to the elders of the village and at that time, this petitioner had refused to marry the victim girl before the elders and gave life threat to her daughter. Thereafter the mother of the victim girl has filed the complaint on 4/4/2022. The said complaint came to be registered in Karwar Rural Police Station Crime No.21/2022 for the offences under Ss. 376 , 417 and 506 of IPC. The Police after completing investigation filed charge sheet against this petitioner for the offences punishable under Ss. 376(2)(n) , 417 and 506 of IPC. The petitioner came to be arrested on 29/5/2022 and he is in judicial custody. The petitioner filed bail application in Criminal Miscellaneous No.270/2022 and the same came to be rejected by the learned II Additional District and Sessions Judge, Uttara Kannada, Karwar, by order dtd. 29/6/2022. Therefore, the petitioner is before this Court seeking bail.

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