RAJASHEKARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent-State.

(2.) The present appeal is filed to set aside the order dtd. 25/1/2024 passed in Crl.Misc.No.381/2024 on the file of LXX Additional City Civil and Sessions Judge and Special Judge at Bengaluru (CCH No.71) and to enlarge the appellant on bail on the ground that offences invoked against the appellant does not attract the offence under Ss. 376 IPC, since the victim girl went along with the accused voluntarily to a hotel.

(3.) Learned counsel for the appellant would contend that when the complaint itself clearly disclose that she herself gave consent for sexual act. The counsel also contends that investigation has been completed and charge-sheet is filed and this appellant is in custody from last 14 months and question of tampering the prosecution case does not arise and any condition may be imposed to enlarge the appellant on bail.