GANESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No .1 challenging the order dtd. 18/8/2022 passed by the II Additional District and Sessions Judge, Uttara Kannada, Karwar, whereunder the petition filed by the appellant/accused No.1 under Sec. 439 o f The Code of Criminal Procedure, 1973 (hereina fter referred to as the 'Cr.P.C.', for brevity) seeking bail in respect o f Crime No.68/2022 o f Sirsi New Market Police Station registered for the offences punishable under Ss. 376, 323, 504 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Ss. 3(1)(r), 3(1)(w), 3(2)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 (hereina fter referred to as 'SC & ST (POA) Act', for brevity), came to be rejected.

(2.) Heard learned counsel for the appellant and learned High Court Government Pleader for respondent No.1-State . Respondent No.2 is present physically before this Court and she prays not to grant bail to appellant/accused No.1. It is her submission that there is a threat to her by family member of this appellant. It is her further submission that a case has been registered against her for dishonoring of cheque. She lost job in view of the cases filed by her and also filed against her.

(3.) The case o f the prosecution is that respondent No.2-complainant is aged 25 years, filed the complaint contending that she is working in a private firm and she came in contact with appellant/accused No.1 who is a bank employee through her neighbour by name Naveen Mukri. Thereafter, since 2020 July both started loving each other. The appellant/accused No.1 used to tell her that he is intending to marry her. It is further stated that on 24/8/2020 at about 3.00 p.m. she went to the house of the appellant/accused No.1 , he hugged her and committed forcible sexual intercourse on her. It is further stated that on different occasions he has committed the similar acts. It is further stated that on 30/5/2022 she went with the appellant/accused No.1 to the office where she was working and in the said o ffice also he has committed sexual intercourse on her. It is further stated that the appellant/accused No .1 was sending messages to her from his mobile . She has paid an amount of Rs.1,00 ,000.00 through phone pay and Rs.40,000.00 by cash. When she demanded the said money, he refused to pay the amount and he also quarrel with her threatening that he will not marry her. That on 25/7/2022 at about 9.30 a.m., she went to the house of appellant/accused No.1 and when she opened the gate, the mother of the appellant/accused No.1 quarreled with her and abused her touching her caste and assaulted her. The said complaint came to be registered in Crime No.68/2022 of Sirsi New Market Police Station for the offences punishable under Ss. 376, 323, 504 read with Sec. 34 o f IPC and Sction 3(1)(r), 3(1)(w) and 3(2)(va) of SC and ST (POA) Act. The appellant/accused No.1 came to be arrested on 27/7/2022 and he is in judicial custody. The appellant/accused No.1 filed bail application and the same came to be rejected by the II Additional District and Sessions Judge, Uttara Kannada, Karwar, by order dtd. 18/8/2022. Therefore, the appellant/accused No.1 has challenged the said order in the instant appeal.