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S. RACHAIAH
Rafiq S/O. Laalsab Bepari – Appellant
Versus
The State Of Karnataka, Through Savadatti Police Represented By HCGP – Respondent
JUDGMENT :
S.Rachaiah, J.
1. This Criminal Appeal is filed by the appellant, being aggrieved by the order dated 21.05.2024 in Criminal Misc.No.544/2024 on the file of learned III Addl. District and Sessions Judge, Belagavi, wherein the Trial Court rejected the bail application filed by the petitioner herein.
2. The rank of the parties in the Trial Court henceforth will be considered as it is, for convenience.
Brief facts of the case:
3. It is the case of the prosecution that, victim is a married woman, her marriage stated to have been solemnized in the year 2013 with Yallappa Bharamappa Bhajantri. The couple had two children. She was staying in the joint family. Her mother–in–law was running retail shop in the village. Whenever, her mother–in-law went home to have lunch, the victim was doing business in the said shop.
4. In such circumstances, the petitioner developed friendship with her and collected her mobile phone number and used to talk with her often. Further, he induced her that he would get her suitable job and insisted her to accompany him. The victim believing his version and became close to him. As result of which, she had been sexually assaulted by him and thereafter, he took
The court established that the severity of sexual offenses against women warrants strict scrutiny in bail applications to ensure societal protection.
(1) Bail cannot be granted in a rape case concerning an adolescent girl.(2) Personal life and liberty of a person are recognized as fundamental rights – However, such a right has to be exercised spar....
The court may grant bail in cases involving serious offences, considering the peculiar facts and circumstances, and by imposing suitable conditions.
The seriousness of the prosecutrix's suicide attempt as evidence of the seriousness of the relationship influenced the court's decision to deny the bail application.
The court's decision was primarily based on the failure of the State to verify crucial aspects prior to the arrest and the prima facie opinion that the prosecutrix was aware of the religion of the ap....
The completion of investigation and absence of reasons to detain the appellant are crucial factors in determining entitlement to bail.
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