SUDEEP 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, on bail in Crime No. 4/2022 of Kudagi Police Station, registered for the offences punishable under Ss. 363, 342, 506 and 376 of Indian Penal Code ('IPC' for short), on the file of Senior Civil Judge and JMFC, Basavan Bagewadi.

(2.) It is the case of the prosecution that a complaint came to be filed by victim alleging that the petitioner was known to her and her family members. The petitioner has developed intimacy with the victim and taking undue advantage of intimacy, he called the victim over phone on 5/12/2021 at 02.30 p.m. to come near Muttagi cross and taken her forcibly on his motorcycle bearing Reg.No. KA-28-K-8040 to Muddebihal. The petitioner has threatened to take her life. The petitioner stayed with victim in the house of his relatives and forcibly subjected the victim to sexual intercourse. In this regard, a complaint came to be filed on 10/1/2022. Thereafter, the jurisdictional police has transferred the FIR to the jurisdictional police, which came to be registered in Crime No. 4/2022 on 19/1/2022. The petitioner was arrested on 21/1/2022. His bail petition under Sec. 439 of Cr.P.C. came to be dismissed by the IV Additional District and Sessions Judge, Vijayapura. Hence, the petitioner has filed this petition.

(3.) Heard Sri. R. V. Bhavikatti, learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State.