The completion of investigation and absence of reasons to detain the appellant are crucial factors in determining entitlement to bail.

JUDGMENT

1. The appellant-accused No.1 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.61/2022 of Turvihal Police Station, pending on the file of Additional District & Sessions Court, Raichur District, Raichur, registered for the offences punishable under Ss. 143, 147, 504, 323, 324, 354, 498-A, 376, 506, 149 of the Indian Penal Code (for short 'IPC') and under Sec. 4 of the Dowry Prohibition Act, 1961 (D.P.Act) and under Ss. 3(1)(r)(s), 3(1)(w)(ii), 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short 'SC/ST Act') on the basis of the first information lodged by the informant-Smt. Manasa.P.N.

2. Heard Sri. Arunkumar Amargundappa, learned counsel for the appellant and Sri. H.S.Shankar, learned High Court Government Pleader for respondent No.1. Respondent No.2 served but unrepresented. Perused the materials placed on record.

3. Learned counsel for the appellant submitted that the appellant is arrayed as accused No.1. He is innocent and law abiding citizen. He has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. The appellant was apprehended on 9/6/2022 and since then he is in judicial custody. The complainant is aged about 24 years and she alleges that the appellant has committed rape and also committed domestic violence after marrying her. It is only a family dispute which was made much of by filing criminal case. Even according to the complainant, she has begotten a child on 3/10/2020. The investigation has been completed and the charge sheet is also filed. Under such circumstances, detention of the petitioner in custody would amount to pre-trial punishment. He is the permanent resident of the address mentioned in the causetitle to the appeal and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the appeal.

4. Per contra, learned High Court Government Pleader opposing the appeal submitted that serious allegations are made by the victim who is the first informant, against the appellant for having committed the offence. She belongs to scheduled caste and taking advantage of the same, the appellant has humiliated her by referring to her caste and committed rape and also treated her with cruelty. Under pressure he married her on 14/2/2020. But still the appellant is not taking care of his wife and child. Therefore, the complaint came to be filed. Investigation is completed and the charge sheet is also filed making specific allegations against the appellant. Considering the nature and seriousness of the offence, the appellant is not entitled for grant of bail. Hence, he prays for dismissal of the appeal.

5. In view of the rival contentions urged by the learned counsel for both the parties, the points that would arise for my consideration is:

"Whether the impugned order dtd. 24/6/2022 is liable to be set aside and the appellant is entitled for grant of bail as prayed for?"

My answer to the above point is in 'Affirmative' for the following:

R E A S O N S

6. Serious allegations are made by the victim/informant against the appellant, for having committed the offence. According to the informant, she married the appellant on 14/2/2020 and begotten a child on 3/10/2020. Admittedly, investigation is completed and the charge sheet is also filed. It is not the contention of prosecution that the appellant is required to be detained in custody even after filing of the charge sheet. Considering all these facts and circumstances of the case, I do not find any reason to detain the appellant in custody, which would amount to infringement of his right to life and liberty. Hence, I am of the opinion that the appellant is entitled to be enlarged on bail subject to conditions, which will take care of the apprehension expressed by the learned High Court Government Pleader that the appellant may abscond or may tamper or threaten the prosecution wi