SURAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant-accused No.1 challenging the order dtd. 30/12/2023 passed in Special Case No.176/2021 passed by the Court of the II Addl. District and Sessions Judge, Uttara Kannada, Karwar where under, bail application of appellant-accused No.1 sought in Karwar Town Police Station Crime No.81/2021 came to be rejected. The case has been registered in Crime No.81/2021 by Karwar town police station against accused No.1 for offences punishable under Ss. 376(2)(n), 355, 504 r/w Sec. 34 of IPC, Sec. 67(A) of Information Technology Act, 2000, Sec. 3(1)(r)(s), Sec. 3(1)(w)(i)(ii) and Sec. 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 1989.

(2.) Heard learned counsel for the appellant-accused No.1 and learned AGA for respondent No.1-State. Respondent No.2-complainant inspite of service of notice has remained absent and unrepresented.

(3.) The case of the prosecution is that the victim lady has filed the complaint on 6/10/2021 stating that she has married to one Siddanagouda, she has two children, she is working in Kalika printing press and she belongs to scheduled caste. It is further stated that the appellant / accused No.1 since last four years came in contact with her and both developed friendship while speaking through mobile phone and they were closed to each other and the appellant/accused No.1 called to his house saying that there is a meeting of association, when she went there no one at home and he offered juice to the complainant and after drinking the juice the complainant fell unconscious and thereafter, accused took naked photos of the complainant through his mobile phone and committed sexual assault and continued the same for several time by threatening that he will viral the photographs with him and forced to make video call when she is taking bath and also same has been recorded by the appellant/accused No.1 by taking screen shot. It is further stated that appellant/accused No.1 has taken the complainant to Laxmi lodge at Karwar and stayed there and he has also taken her to Shree lodge at Dandeli and had physical contact there. It is further stated that appellant/accused No.1 has pledged her golden ornaments at Urban Bank and at Daivadnya Baratiya Co-operative Society and made the complainant to take loan from LNT finance. It is further stated that on 1/10/2021 the wives of the appellant/accused No.1 i.e. accused Nos.2 and 3 called the complainant to Taigor Beach and there they scolded her in filthy language touching her caste assaulted with slipper. Later appellant/accused No.1 came to the said spot and abused the complainant touching her caste. The accused No.2 has sent the nude photographs of the complainant to the mobile phone of her daughter through whats-app. Later the complainant has discussed the matter with her husband and the complaint came to be lodged, which is registered for the aforesaid offences. The appellant/accused No.1 came to be arrested on 7/10/2021 and he is in judicial custody. The appellant/accused No.1 filed the bail application in Special Case No.176/2021, after filing the charge sheet and the same came to be rejected by learned II Additional District and Sessions Judge, Uttara Kannada by order dtd. 16/3/2022.