HARISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. for grant of bail in SC (AC) No.17/2019 (Karatagi P.S. Crime No.23/2019) for the offences punishable under Sections 363, 376, 511 read with Section 34 of IPC and Section 3(2)(V-A) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 pending on the file of the District and Sessions Judge, Koppal.

(2.) The facts briefly stated in the bail petition are that on the complaint filed by the husband of the victim, the Police have registered the case. The complaint allegations are that on 23.01.2019 at about 6.00 a.m., the complainant did not find his wife at home. It was learnt that the accused have kidnapped the complainant's wife for the purpose of immoral trafficking. Despite knowing fully well that the victim belongs to ST community, the accused persons have kidnapped and have committed sexual intercourse with her. On registering the case, the petitioner/accused No.2 was arrested on 31.01.2019, since then he is in judicial custody. The bail petition filed before the Sessions Court was rejected.

(3.) Heard the learned counsel for the petitioner/accused No.2 and learned HCGP for the respondent-State. Though notice was served on the complainant, he remained absent, perused the prosecution records available at this stage.