ARUN Vs. STATE

JUDGEMENT

(1.) These two petitions are filed in respect of crime No.89/2023 registered by Halageri Police Station for the offences punishable under Ss. 420, 376 and 354(A) read with Sec. 34 of IPC. In Crl.P.101309/2023, petitioner who is arrayed as accused No.1 is seeking regular bail. Whereas in Crl.P.No.101308/2023, petitioner who is arrayed as accused No.2 is seeking anticipatory bail.

(2.) Since these two petitions are arising out of same crime number and facts are common, they are decided together.

(3.) In Crl.P.No.101309/2023, petitioner/accused No.1 has contended that he is innocent of the offences alleged. Sessions Court has erred in rejecting his prayer for bail. According to the complaint, the alleged offence took place from 26/6/2022 to 20/4/2023 but the complaint is filed on 25/5/2023. There is a in-ordinate delay in filing the complaint. It is an afterthought. No explanation is forthcoming for the delay. This itself is shows that it is false and concocted complaint filed with mala-fide intention to harass the petitioner. At the instance of persons inimical towards accused, false complaint has been filed. The petitioner is not having any bad antecedents. He is working in private firm and he is having good name in the society. He his owning movable and immovable properties. He was arrested on 26/5/2023 and since then he is in the judicial custody and pray to allow the petition.