PRAMOD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The sole accused has filed this appeal seeking setting aside the order dtd. 1/12/2022 passed in Crl.Misc.No. 2119/2022 by II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru, whereunder the bail petition of the appellant - accused sought in crime No. 269/2022 of Anekal Police station for the offence punishable under Ss. 376 , 417 of IPC and Ss. 3(2)(v), 3(1)(w) of SC ST (Prevention of Atrocities), Act, 1989, came to be rejected.

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

(3.) Case of the prosecution is that since two months the accused was plaguing the victim girl to marry him. She was mesmerized by his words. On 26/10/2022 at about 08.30 a.m. the appellant having approached her enticed her that they shall marry in Mahadeshwara temple in Mahadeshwara hill and she should take gold ornaments with her. Accordingly, the victim girl took Rs.30,000.00, mangalya chain, ear studs, ring and proceeded with the appellant. The appellant near Jigani APC circle pledged the gold ornaments and took her to Mahadeshwara hill. He rented a room and in the said room on the said night against her will had sexual intercourse with her. On 27/10/2022 at 10.00 am stating that the victim belongs to schedule caste and that it had come to the knowledge of his family members and he would marry her after convincing his family members, he dropped the victim girl at Jigani APC circle. The victim after realizing that she has been defrauded, lodged a complaint on 29/10/2022. Said complaint came to be registered in crime No. 269/2022 for the offence under Ss. 376 , 417 of IPC and Ss. 3(2)(v), 3(1)(w) of the Act. The appellant came to be arrested on 1/11/2022 and he is in judicial custody. Charge sheet came to be filed against the appellant - accused for the aforesaid offences along with offence under Sec. 420 of IPC. Appellant - accused filed Crl.Misc. No. 2119/2022 seeking bail and the same came to be rejected by II Additional District and Sessions Judge/Special Judge, Bengaluru Rural district, Bengaluru, by order dtd. 1/12/2022. Said order is challenged in the instant appeal.