AKSHAY KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences punishable under Sections 417 , 376(2)(n) and 506 of IPC, registered in respondent - police station

(2.) Brief facts of the prosecution case as per the complaint averments are, the victim girl is the complainant in this case, wherein she has stated that she was residing with her parents and when she was studying in PUC about six years back, she came in contact with the petitioner and they started to love each other. When the complainant asked the petitioner to marry her, the petitioner replied that he would marry her after performance of his sister's marriage. When the complainant was residing in the house belonging to Mahesh, situated near Vinayaka Temple Road, Kote layout, Chikkamagaluru, in the absence of the parents of the complainant, the petitioner having made her to believe and instigated induced and without her consent had sexual intercourse with the complainant by promising that he would marry her, but dragged on the pretext of his sister's marriage and had the sexual intercourse for several times. It is her further allegation that when she came to know that the petitioner is getting married with another girl on 08.01.2017 at about 11.00 am, she went near the shop i.e., Hemant Varieties, situated at M.G.Road, Chikkamagaluru and enquired with the petitioner, but he refused to marry her and he also threatened, if she approaches anybody in the matter, he will kill her and also her family members. On the basis of the said complaint, case came to be registered for the alleged offences.

(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.