MUNIRAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C. seeking for the bail in Crime No.9 of 2016 registered by the Masti Police Station for the offences punishable under Sections 376 and 506 of I.P.C.

(2.) Kumari Gowramma lodged a complaint before Masti Police Station alleging that the petitioner, Muniraja, being her cousin, used to tease her while she was studying in X Standard. On 16 -8 -2015, at about 1.00 p.m., when complainant was alone in the house, the petitioner came to her house and committed rape on her. Thereafter, the petitioner threatened to kill her, if she informs the incident to anybody. On 11 -2 -2016, she visited the Hospital with the complaint of stomach ache. Then, Doctor informed her that she was pregnant. She gave birth to a male child on 14 -2 -2016. Her allegation is that due to the rape committed by the petitioner, she has been conceived and gave birth to a child. Complaint has been lodged on 14 -2 -2016. On the basis of the said complaint, the petitioner was arrested on 16 -2 -2016. Thereafter, he approached the I Additional District and Sessions Judge, Kolar, seeking for the bail in Criminal Miscellaneous No.144 of 2016. The said petition has been dismissed on 4 -4 -2016. Hence, the petitioner has approached this Court seeking for the bail.

(3.) In the complaint, it is alleged that on 16 -8 -2015, at about 1,00 p.m., the petitioner came to her house when she was alone and raped her. She gave birth to a male child on 14 -2 -2016. Thereafter, a complaint has been lodged. It is impossible to believe that within a span of six months, the complainant can give birth to a child. The incident might have taken place prior to 16 -8 -2015. To give a birth to a healthy child, it takes 8 1/2 to 9 months. In the said case, the complainant has given birth within a period of six months. The case of the petitioner is that he has been falsely implicated in the case. He is in judicial custody from 16 -2 -2016. The investigation is concluded and charge -sheet has been filed. He is a permanent resident of Malur Taluk, and owns moveable and immoveable property; he has deep roots in the Society and sought for the bail.