PRAVEEN KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner-accused is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.20/2022 of Chincholi Police Station, initially registered for the offences punishable under Ss. 506, 376 and 380 of the Indian Penal Code (for short 'IPC'), and after investigation, charge sheet is filed for the offences punishable under Ss. 450, 376(2)(n), 354(d), 380 and 506 of IPC, on the basis of the first information lodged by informant-Smt. Anusuya.

(2.) Heard Sri Nandkishore Boob, learned counsel for the petitioner and Sri Gururaj V. Hasilkar, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

(3.) Learned counsel for the petitioner submitted that the petitioner is the sole accused and he has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. The victim is aged 37 years and is a married woman. The accused is working as Bus Conductor. There is inordinate delay in lodging the first information. The averments made in the first information is highly suspicious. Even though it is stated that the incident had taken place on 22/1/2022, no complaint was filed. It is stated that again the petitioner has committed offence on 29/1/2022 and on 5/2/2022. But, the first information was lodged on 13/2/2022. The petitioner was apprehended on 24/2/2022 and since then he is in judicial custody. Investigation is already completed and the charge sheet is filed. Since the investigation is already completed, detention of the petitioner in custody would amount to pre-trial punishment. The petitioner is the permanent resident of the address mentioned in the cause title to the petition 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 petition.