VENKANGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant-accused No.1 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.61/2022 of Turvihal Police Station, pending on the file of Additional District & Sessions Court, Raichur District, Raichur, registered for the offences punishable under Ss. 143, 147, 504, 323, 324, 354, 498-A, 376, 506, 149 of the Indian Penal Code (for short 'IPC') and under Sec. 4 of the Dowry Prohibition Act, 1961 (D.P.Act) and under Ss. 3(1)(r)(s), 3(1)(w)(ii), 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short 'SC/ST Act') on the basis of the first information lodged by the informant-Smt. Manasa.P.N.

(2.) Heard Sri. Arunkumar Amargundappa, learned counsel for the appellant and Sri. H.S.Shankar, learned High Court Government Pleader for respondent No.1. Respondent No.2 served but unrepresented. Perused the materials placed on record.

(3.) Learned counsel for the appellant submitted that the appellant is arrayed as accused No.1. He is innocent and law abiding citizen. He has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. The appellant was apprehended on 9/6/2022 and since then he is in judicial custody. The complainant is aged about 24 years and she alleges that the appellant has committed rape and also committed domestic violence after marrying her. It is only a family dispute which was made much of by filing criminal case. Even according to the complainant, she has begotten a child on 3/10/2020. The investigation has been completed and the charge sheet is also filed. Under such circumstances, detention of the petitioner in custody would amount to pre-trial punishment. He is the permanent resident of the address mentioned in the causetitle to the appeal and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the appeal.