ANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition filed under Sec. 439 of Code of Criminal Procedure (for short, 'the Cr.P.C .') is by sole accused with a prayer to release him in Crime No.89/2023 of APMC Police Station Belagavi for the offences punishable u/secs.511, 506, 341, 376, 354 IPC .

(2.) In support of his petition, petitioner has contended that he is innocent of the offences alleged. There is inordinate delay in filing the complaint and the same is not properly explained by the prosecution. There is no prima facie material to proceed against the petitioner. Petitioner was working as a Peon in Government Polytechnic College at Belagavi on contract basis. It was his duty to close the doors. Since the victim girl was alone, on seeing the petitioner, she tried to ran away and when petitioner tried to enquire, she abused him in filthy language and ran away. On the next day as usual she attended the class and petitioner attended the duty. However on 13/6/2023, the college authorities have removed him from service alleging that he misbehaved with the college student. However there was no complaint or allegations against him. Colluding with the victim girl, a false complaint has been lodged. Having regard to the allegations made in the complaint, provisions of Sec. 376 is not attracted. At the most it may fall u/sec.354 IPC . The petitioner is ready and willing to abide by any of the conditions that may be imposed. Since 14/6/2023, petitioner is in judicial custody and prays to allow the petition.

(3.) Learned High Court Government Pleader submitted oral objections stating that the petitioner was working as Peon in Government Polytechnic College, Belagavi. The complainant is a student of the said college studying in fourth semester. On 5/6/2023 at 4.45 p.m. after finishing class, she went to the washroom to change cloth. Since there was water spilled on the floor, she went to restroom situated by the side of her classroom and changed her cloth. However when she was about to leave room, petitioner/accused came there, dragged her inside the room and tried to kiss her. When she resisted, he touched her chest. Though she pushed him and came out of the room, again he went back to her and dragged her inside the room and tried to commit rape on her by pulling her clothes saying that he would do it once (meant have sexual intercouse) and nothing would happened to her. She managed to push him away and ran. While she was running away, petitioner give threat to her if she disclose this fact to anyone, he will not leave her.