JAGADEESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - accused No.1 has filed this petition under Sec. 439 of Cr.P.C for enlarging him on bail in Crime No.71/2022 of Mayakonda Police Station, Davanagere District registered for the offences punishable under Ss. 376(2)(n) , 420 , 114 and 34 of Indian Penal Code (for short ' IPC ') pending on the file of the 1st Additional Civil Judge and JMFC, Davanagere.

(2.) Heard learned counsel for the petitioner and learned HCGP for State. Perused the records.

(3.) As per the case of the prosecution, the present petitioner and the complainant were in love with each other since last six years. It is further alleged that both families have consented for their marriage and when the complainant insisted for the marriage, accused No.2 asserted that he is constructing the house and only after construction, the marriage can be performed. It is also alleged that three months earlier to lodging the complaint, the petitioner under the guise of marrying the complainant had forcibly committed rape on the victim. On 1/7/2022, the father of the petitioner postponed the marriage on the ground that they are constructing the house. It is further alleged that the petitioner and the complainant in order to have the marriage came to Santhebennur, where her first cousin brother dropped. On 1/7/2022, they came from Santhebennur to Ammanagudda Temple, wherein he booked a room in the said temple and on that night also under the guise of marriage, the petitioner had physical relationship with the complainant. It is also alleged that on 2/7/2022 at about 8.45 a.m., the petitioner asserted that he cannot marry in the said temple as there is a possibility of the villagers visiting the said place and asked her that he would arrange it in Shivamogga and he dropped her near Shivamogga and asked her that her friend Abhishek will come pick her and give the mobile number of Abhishek. Thereafter, he went away under the guise of getting relevant materials for performance of marriage. When she contacted Abhishek, he said that he is not in the station and hence, he could not come and then, she came to Shivamogga bus stand and she could not contact the complainant and then, she came to Channagiri and from there, she returned in the evening to Davanagere and lodged a complaint in this regard.