ADEEBULLA SHARIEF Vs. STATE

JUDGEMENT

(1.) This appeal is filed seeking to set aside the order dtd. 2/2/2023 passed in Crl.Misc. No. 111/2023 by the LXX Additional City Civil and Sessions Judge (CCH71), Bengaluru whereunder the anticipatory bail petition of this appellant - accused sought in respect of crime No. 156/2016 for the offence punishable under Ss. 376 , 504, 506, 420 read with Sec. 34 of IPC and Ss. 3(1)(r), 3(1)(s), 3(2)(va) of SC ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act, 1989) of Kadugondanahalli Police station now pending in Spl.C. No. 154/2022 came to be rejected.

(2.) Heard learned counsel for appellant - accused and learned HCGP for respondent No.1 - State. None appears for respondent No. 2.

(3.) Case of the prosecution is that, respondent No. 2 filed complaint against the appellant - accused stating that she and the appellant - accused were loving each other and the appellant - accused has committed forcible sexual intercourse on her against her will on several occasions on the promise of marriage and subsequently failed to keep up his promise. When the complainant went to the house of the appellant - accused requesting him to marry her, the appellant - accused along with his parents insulted her with an intention to humiliate her by taking name of her caste and also threatened to take her life. The Police after investigation filed charge sheet against the appellant - accused and other accused and case came to be registered in Spl.C. No. 601/2019. As the appellant - accused could not be secured, case against him came to be split up and split up case is registered in Spl.C. No. 154/2022. The appellant - accused apprehending his arrest filed petition under Sec. 438 Cr.P.C. which came to be rejected by the impugned order which is challenged in this appeal.