RAGHAVENDRA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is a petition filed by the petitioner -accused under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Section 342, 376 and 504 of IPC registered in respondent Police Station Crime No. 23/2015.

(2.) BRIEF facts of the prosecution case as per the complaint averments are that the victim herself is the complainant in this case which was lodged on 12.04.2015. The allegations are that on 10.04.2015 she went to the roof of her house to close the apertures at which time the petitioner came to the roof and attacked her holding tightly and took her to the roof of her brother -Chatrappa's house gagging her mouth with towel and committed rape on her. The incident occurred at around 9.00 p.m. When the accused was committing rape on her forcibly she was resisting and due to her resistance mud of the roof of the house of her brother Chatrappa was falling Hence, her brother came to the rooftop. On seeing him the petitioner ran away. She came down with her brother and informed about the things to her parents who in turn took the matter to the elders which was settled. It is also alleged that on 11.04.2015 around 7 p.m. the petitioner came in front of their house and abused her parents and brother stating that he spoiled her and what they do, etc. She informed the same to the elders and then she lodged complaint on 12.04.2015. On the basis of the said complaint a case has been registered for the alleged offence.

(3.) LEARNED counsel for the petitioner submitted that even looking to the entire charge sheet material no case is made out by the prosecution that the petitioner has committed the alleged offence u/S 376 of IPC. Hence, he submitted that, by imposing reasonable conditions the petitioner may be enlarged on bail.