HARISHA R. H. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 376, 420, 114 read with 34 of IPC registered in respondent - police station Crime No.147/2017. After completion of investigation, charge sheet came to be filed for the offence punishable under Sections 376, 493, 420, 504, 114 read with 34 of IPC.

(2.) Brief facts of the prosecution case that the victim girl herself has lodged the complaint, wherein she has stated that the petitioner used to come to her house and he was telling that he is loving her and wanted to marry her, he also asked the victim to love him. The further averments in the complaint shows that whenever the other family members of the victim girl went outside and when she alone was in the house, petitioner used to come to the said house and he was insisting her to have the sexual intercourse on the promise that he will marry her. She was objecting for the same and telling that he can request her parents for the marriage, inspite of that giving a promise to her, he used to have the sexual intercourse with her. Further averments in the complaint shows that for a period of three years they were meeting each other, having sexual intercourse. It is also stated in the complaint that the petitioner came to Sankranthi festival and on 15.01.2017 at about 9.00a.m., when the parents and the brother of the victim girl went to attend the work and she alone was in the house, at about 10.00a.m. the petitioner came to the house and committed forcible sexual intercourse on her. It is also stated that Panchayat was held for performing the marriage, even before the Panchayat he denied to marry the victim girl. On the basis of the said complaint, case came to be registered for the alleged offence.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.