MANJUNATHA AND ORS. 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 344, 346, 347, 365, 368, 376, 366, 342, 506, 114 read with 34 of IPC, registered in respondent-police station in Crime No.170/2016.

(2.) I have heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned counsel for the petitioner/accused No.1 has made submission that the complaint averments and other materials on the side of prosecution collected during the course of investigation failed to make out case of rape for the offence punishable under section 376 of IPC as alleged by the prosecution. Learned counsel has also made submission that both the victim girl as well as the accused No.1 were loving each other and they got married and even after the marriage also they stayed together. In this connection, the learned counsel has drawn the attention of this Court that the statements of the witnesses recorded during the investigation by the Investigating Officer and made submission that even the statements of the witnesses supported the said contention that both of them married with each other and he made submission that subsequently, false allegations are made by the victim girl at the instigation of somebody and falsely implicated the present petitioner in the said case. He has also made submission that by imposing reasonable conditions, the petitioner may be enlarged on bail.