MAHANTESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner-accused under Section 439 of Cr.P.C. in Yelburga P.S. Crime No.34/2019 for alleging an offence punishable under Section 363, 376, 504, 506 of IPC. Since from the date of his arrest, the petitioner is in judicial custody. Therefore, learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail among the grounds urged therein.

(2.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State, in addition learned counsel namely, Anwar Basha, who represented for the complainant. Perused the materials available on record.

(3.) It is stated in the complaint that Smt.Sridevi wife of Srikanth Kadadi being resident of Shiragumpi village, Yelburga Taluk, who had filed a complaint before the respondent-police alleging that the petitioner said to be accused and the complainant are living separately since three years back, she used to reside with her parents at Shiragumpi, the complainant having one female child namely, Nayana. But in the complaint an allegation was made against the petitioner that he used to tease the victim regarding she has communicated to her mother and also that her mother had warned him. On 26.03.2019 at around 8.30 p.m., the complainant being the victim, who went for nature call and the accused had followed her in a car used by him, wherein the complainant standing nearby the road, the petitioner being an accused had closed her mouth and forcible pushed her into the car and extended life threat not to raise her voice. Subsequently, he has driven the said car on mud road at around 8.45 hours and they went in a field, wherein he committed sexual assault on the victim and threatened to her not to disclose the said fact relating to the sexual assault on her to anybody, if disclose would have face the dire consequences. These are all the allegations made against the accused before the respondent-police by filing complaint. Based upon complaint, the crime came to be registered and thereafter the Investigating Officer has taken up the investigation and laid the charge sheet against the accused in C.C.No.325/2019 arose in Crime No.34/2019 of Yelburga P.S.