LAWS(KAR)-2014-8-92

RATHANA RAJ Vs. STATE OF KARNATAKA

Decided On August 20, 2014
Rathana Raj Appellant
V/S
The State Of Karnataka Respondents

JUDGEMENT

(1.) THIS is the petition filed by the petitioner -accused under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent -police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 376, 420 and 506 of IPC registered by the respondent -police in Crime No. 195/2014.

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

(3.) AS against this, learned High Court Government Pleader during the course of his argument made the submission that looking to the complaint averment, it goes to show that the present petitioner making a promise to the complainant had sexual intercourse with her number of times and thereby he has committed the alleged offence of rape on her. He also made the submission that the complaint averments further goes to show that because of the sexual intercourse committed on her she becomes pregnant and even the present petitioner took her to the hospital and there was abortion. Learned HCGP further made the submission that the matter is still under investigation and Investigating Officer has to collect some more material and from the date of the alleged incident, the petitioner is absconding and hence, at this stage, the petitioner is not entitled to be granted with anticipatory bail.