BHYRAVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by petitioner -accused No. 1 under Section 439 of Cr. P.C. seeking his release on bail of the alleged offence punishable under Section 366 -A r/w Section 34 of IPC and later Section 376 of IPC was also added. While filing the charge sheet, it is filed for the offences punishable under Sections 120B, 366 and 376 of IPC and also under Section 6 of the Protection of Children from Sexual Offences Act registered in respondent -police station Crime No. 356/2013.

(2.) HEARD the arguments of the learned counsel for the petitioner -accused No. 1 and also the learned Government Pleader appearing for the respondent -State.

(3.) IT is the case of the prosecution that the petitioner herein has kidnapped the victim girl and thereafter committed rape on her. During the course of investigation statement of the victim girl was recorded before the Magistrate Court Hunsur as per Section 164(5) of Cr. P.C. The said statement goes to show that petitioner and the victim girl were having love affair since two years earlier to the alleged incident and that she went along with the petitioner on 14.12.2013 and petitioner kept her in a room and at the said place he was doing the job. She was kept in the said room for about 11 days and at that time, they had physical contact. In the said statement there is no specific mention about kidnapping of the victim girl and that the petitioner had forcible sexual intercourse against her will. The Doctor has opined that the age of the victim girl was above 16 years and below 18 years. Therefore, I am of the opinion that prima facie even if there is sexual intercourse it appears to be consensual. Now the investigation is completed and charge sheet has been filed. Therefore, by imposing stringent conditions, to secure the presence of the petitioner before the trial Court, he can be admitted to bail.