SURESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Sections 366, 376 and 504 of IPC registered in respondent police station Crime No. 97/2013.

(2.) HEARD the arguments of the learned counsel appearing for the petitioner/accused and also heard the learned High Court Government Pleader for the respondent -State.

(3.) ONE Savitramma she went to hospital at Periyapama as one Seethamma wife of Sannaiah poured kerosene and lit herself and she was taken to the hospital for treatment. In the Ambulance, the complainant, CW -8 Puttalakshmamma, Sannaiah, Sons of Sannaiah when they reached K.R. Hospital Suresha and his sister Sarojamma, one Shivanna husband of Sarojamma also came to the hospital. At about 7.00 p.m. said Suresha, the present petitioner told to the complainant as well as to Puttalakshmamma that he will take them to the village and asked them to board his car and on the way he took both of them to the lonely place and when the complainant asked why he has brought to the said place, the petitioner said to the complainant that he was waiting for the opportunity since 20 years and he also threatened her if she screamed he will commit her murder. Thereafter CW -8 Puttalakshmamma was made to alight from the car and he committed forcible sexual intercourse on the complainant in the car itself and the time was about 1.00 a.m. After that he also gave life threat to both of them that if they informed about the incident to anybody then he will not leave them and he will finish of them, so because of this fear they kept mum. On the basis of the said complaint, family of the complainant filed the complaint on 10.06.2013 i.e. after the lapse of 5 days and the case has been registered against the present petitioner for the alleged offence.