YASHWANTH K.Y. Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(2.) The petitioner has been denied bail by the court below in a case where he is alleged of offences punishable under Sections 504, 114, 420, 379, 376, 506 -B read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC', for brevity).

(3.) The background of the case is that the petitioner is said to have befriended one Namitha who was a College going student, and had developed intimacy with her and ultimately, he had consensual sex with her over a period of time and they did visit several places where they continued to have sex. It transpires that the petitioner had promised to marry Namitha and thereby encouraged to have a very intimate relationship with him over a period of time. It is only later when the petitioner had indicated that he had no intention to marry her, Namitha who was distraught in this discovery, had tried to persuade him to stick to his promise. However, the petitioner having resiled from his stand and having withdrawn from her society, she was left with no choice but to lodge a complaint against the petitioner alleging false promise to marry and having exploited her sexually, which amounted to rape. The court below has rejected the bail application of the petitioner on the ground that the petitioner had played with the life of the victim and he has apparently cheated her and it certainly amounts to a crime. Merely because the investigation was completed and a charge -sheet was filed, the petitioner could not claim to be enlarged on bail.