JUDGMENT

This appeal is filed by the appellant – accused No.1 praying to set aside the order dated 29.12.2023 passed in Crl.Misc.No.2423/2023 by the VI Additional District and Sessions Judge, Mysuru, whereunder, the anticipatory bail petition of the appellant – accused No.1 sought in respect of Crime No.224/2023 of Vijayanagara Police Station for the offences punishable under Sections 417, 420, 376, 504 read with Section 34 of the Indian Penal Code, 1860 (for short hereinafter referred to as “IPC”), Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as “the Act”), came to be rejected.

2. Heard learned counsel for the appellant-accused No.1, learned counsel for respondent No.2 and learned High Court Government Pleader for respondent No.1 –

State.

3. The case of the prosecution is that, respondent and appellant are colleagues in the company since 2017 and they become acquainted with each other in the course of their employment and their friendship eventually turned to attraction towards each other and they developed mutual feelings with each other. The appellant and complainant have traveled together on various trips and spent time with each other and never initiated any physical contact.

4. It is further case of respondent No.2 that the appellant – accused No.1 proposed to marry her and she told that she belongs to Scheduled Caste and if his parents agree, they will proceed further. During March, 2023, both went to Gokarna, where, with the promise of marriage, he had sexual intercourse with her, against her will. After two-three days’, the appellant – accused No.1 intimated her that her parents are not agreeing for marriage, as she belongs to Scheduled Caste. Thereafter, on 25.06.2023, the appellant – accused No.1 took respondent No.2 to Capital M.K.Arcade Hotel and told her that he will marry her within few days and had sexual intercourse with her against her will. Thereafter, whenever, respondent No.2 asked him to marry her, the appellant – accused No.1 used to postpone the same, on one or the other pretext and during last week of July, he blocked her number and thereafter, he did not receive her calls. Respondent No.2 on 19.11.2023, went to the house of the appellant – accused No.1, where, the appellant – accused No.1 and his parents abused her taking her caste name and refused for the marriage. Thereafter, respondent No.2 filed a complaint against the appellant – accused No.1 and his parents on 15.12.2023 which came to be registered in Crime No.224/2023 for the offences under Sections 417, 420, 376 and 504 r/w Section 34 of IPC and Sections 3(1)(r) and 3(1)(s) of the SC/ST Act. The appellant –

accused No.1 and his parents, apprehending their arrest filed Crl.Misc.No.2423/2023, seeking anticipatory bail and the same came to be allowed insofar as the parents of this appellant – accused No.1 are concerned and it came to be rejected sofar as this appellant – accused No.1 is concerned by order dated 29.12.2023. The said order has been challenged in this appeal.

5. Learned counsel for the appellant – accused No.1 would contend that the appellant – accused No.1 and respondent No.2 were colleagues and friends and they developed intimacy and had affair. He further submits that due to his medical condition of erectile dysfunction, he cut off his relationship with respondent No.2 and therefore, respondent No.2 mocked this appellant – accused No.1 as he is unable to perform sexual intercourse. He places reliance on the certificate issued by Kidney Stone Clinic & Men’s Health Centre, Mysuru, for having taken treatment for the said erectile dysfunction and it is dated 14.06.2023. He further submits that parents of this appellant – accused No.1 who alleged to have abused along with this appellant – accused No.1 taking caste name of respondent No.2 and refused for marriage of appellant – accused No.1 with respondent No.2, have been granted antici