BASAVARAJA Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner/sole accused under Sec. 439 of Crimial P.C. seeking his release on bail for the offences punishable under Sections 450 and 376 of IPC, registered in respondent - police station in Crime No. 139/2016.

(2.) Brief facts of the prosecution case as per the complaint averments are that, the victim lodged the complaint alleging that on 16.05.2006 she was alone in the house. Having had the food at night, she was sleeping in the house. In the midnight, she heard a sound of knocking the door of her house. She woke up and saw that it was 3.00 a.m., she went near the door and asked who is the person knocking the door. The person told his name as Raja who is the present petitioner. She told the person to come near the window side but he did not come. She waited for one or two minutes. Again in a low tone, she heard that he is Raja and told that the door be open. Under the impression that he may be his son Raja and might have come drunk, she open the door but she noticed that the petitioner was standing in a nude position and he entered the house pushing her. She told him that she is like his mother she be relieved and not to be done any thing. But he threatened to murder her, closed her mouth, removed her clothes and committed rape on her. She got out of his clutches and took her saree and went out of the house. She fell down near the house of one Dyavaiah and the said Dyavaiah, his wife Thayamma, member Mahadeva and others gave water to her and pacified her. On the basis of the said complaint, the case came to be registered before the respondent police.

(3.) Learned Government Pleader submits that the victim woman in this case herself is the complainant. In her complaint, she has specifically stated the entry of the present petitioner into the house and forcibly committing sexual intercourse on her. He also submitted that even if, Forensic Science Laboratory Report is not supporting the allegations made in the complaint, there is prima facie case sufficient to show that the petitioner has committed the alleged offences. Hence, he submits that the petitioner is not entitled to be released on bail.