SANTOSH MAHAVEER MANGASULI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No.1 challenging the order dtd. 21/9/2022 passed in Criminal Miscellaneous No.1253/2022 whereunder, the bail petition filed by this appellant/accused No.1 in respect of Crime No.92/2022 of Harugeri Police Station registered for the offences punishable under Ss. 376(2)(n) , 323 , 384 , 504 , 506 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity) and Ss. 3(1)(r) , 3(1)(s) , 3(1)(w)(1) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as 'SC & ST (POA) Act', for brevity), came to be rejected.

(2.) Heard learned counsel for the appellant, learned High Court Government Pleader for respondent No.1/State. Respondent No.2 on the previous date appeared physically before this Court and prayed not to grant bail to the appellant/accused No.1 as she is having threat by him.

(3.) The case of the prosecution is that, the victim girl has filed the complaint stating that her age is 21 years, she belongs to SC community and she is studying in B.Sc II n d year Nursing Course and staying at BCM hostel. It is further stated that she went to submit online application during April-2021 in photo studio belonging to this appellant/accused No.1 and thereafter he started sending messages to her and they started talking to each other. It is further stated that on 29/10/2021 she came to photo studio of the appellant and he gave her tender coconut to drink and after drinking that she became unconscious. When she got up, her dress were not proper and she went to her house, she got stomach pain so she suspected that she has been sexual assaulted. After few days this appellant/accused No.1 sent nude photo of the victim girl on her mobile phone. The victim girl requested him to delete it, but he did not delete and started having sexual intercourse with her on threatening her in his photo studio and also in Royal Lodge, Annapurna Lodge in Gokak. It is further stated that he has also given some gifts to her on 22/3/2022. The appellant asked her to sleep with his friends, he used to call her everyday on phone. She told the same to the notice of his mother and she assured that it will be enquired. It is further stated that during the month of April one Triveni the wife of appellant called her over phone and insulted her by using her caste and when complainant enquired with the appellant he told that the said Triveni is his elder brother's wife. It is further stated that on 18/4/2022 when the victim girl was going to college, this appellant's wife Triveni assaulted her and snatched her mobile and took her to the Police Station. The said complaint came to be registered in Harugeri Police Station Crime No.92/2022 for the offences punishable under Ss. 376(2)(n) , 323 , 504 read with Sec. 34 of IPC and Ss. 3(1)(r), (2), (w)(i), 3(2)(va) of SC and ST Act , 1989. The Police after investigation filed charge sheet against this appellant/accused No.1 and two others for offences under Sec. 376(2)(n) , 323 , 354 , 504 and 506 read with Sec. 34 of IPC and Ss. 3(1)(r) (s), (w)(i) and 3(2)(va) of the SC and ST Act . The appellant came to be arrested on 29/5/2022 and he is in judicial custody. The appellant filed Criminal Miscellaneous No.1253/2022 seeking bail and the same came to be rejected by the learned III Additional District and Sessions Judge, Belagavi, by order dtd. 21/9/2022. The appellant has challenged the said order in the instant appeal.