NAVEENA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner-accused No.1 under Section 438 of Cr.P.C. seeking to release him on bail in the event of his arrest in Crime No.396/2018 of Holehonnur Police Station pending on the file of Additional Civil Judge (Jr.Dn) and JMFC-1 Court, Bhadravathi, Shivamogga District for the offences punishable under Section 376(2)(n), 342, 354, 354(A), 354(B), 355, 506, 323 read with 34 of IPC.

(2.) I have heard the learned counsel appearing for the petitioner-accused No.1 and also learned HCGP appearing for respondent-State.

(3.) The gist of the complaint is that petitioner- accused No.1 falsely promising her to marry, since two years, used to have a sexual act during night hours. When the same was brought to the knowledge of the elders, he abused the elders and relatives with foul language and also threatened her. Thereafter, again he called her to the church and committed rape on her and at that time, she was made nude and the nude recording was also done. It is further alleged that said sexual act was continued and on 19.11.2018 she informed the same to her parents. As she suffered with stomach ache and vomiting, she was taken to Surgi Hospital for abortion by petitioner. Later, she returned to her house and informed the same to the elders, who in turn informed the same to the villagers who said that they would settle the matter. The complainant was four months pregnant. At that time, the accused confined her, assaulted her and threatened her with dire consequence. On 20.11.2018, accused person called her to their place forcefully. When she went there, they harassed her, saying to abort the pregnancy and they would pay the amount how much she want. Under these circumstances, the complaint was filed.