MAHALINGE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the sole accused praying to set aside the order dtd. 4/2/2023 passed in Crl.Misc. No. 619/2023 by the LXX Additional City Civil and Sessions Judge and Special Judge, (CCH No. 71) Bengaluru where under the bail application of the appellant - accused sought in respect of Crl. Misc. No. 619/2023 for the offences punishable under Ss. 376 , 376(2)(N) and 420 of IPC and Ss. 3(1)(r), 3(1)(s), 3(1)(w), 3(i)(ii) of the SC ST (POA) Act, 1989, came to be rejected.

(2.) Heard learned counsel for appellant - accused and learned HCGP for respondent No. 1 - State. Inspite of service of notice, respondent No. 2 remained unrepresented.

(3.) Case of the prosecution is that the victim and the appellant - accused came in contact through phone in the year 2018 and thereafter, they fell in love and subsequently the appellant - accused has committed forcible sexual intercourse on the victim girl under the promise of marriage when she was alone in the house due to which she became pregnant. When the victim girl disclosed the fact of her pregnancy to the appellant - accused with a demand for marriage, the appellant - accused refused to marry her and insulted her intentionally to humiliate her with reference to caste name. The appellant - accused came to be arrested and he is in judicial custody. He filed bail petition which came to be rejected by the Special Court by the impugned order which is challenged in this appeal.