Accused No.2 in S.C.No.199/2023 pending before the

Court of VI Additional District & Sessions Judge, Bengaluru

Rural District, Bengaluru, arising out of Crime No.23/2023

registered

by

Thirumalashettahalli

Police

Station,

Bengaluru District for the offence punishable under Section

376D and 506 of IPC, is before this Court under Section

439 of the Code of Criminal Procedure, 1973.

2.

Heard the learned counsel for the parties.

3.

On the basis of the typed complaint dated

07.02.2023 lodged by the victim lady aged about 21

years, FIR in Crime No.23/2023 was registered by

Thirumalashettahalli Police Station, Bengaluru District

against one Sri.Kubera and petitioner herein for the

aforesaid offences. In the complaint it is averred that the

complainant is married to Sri.Ranjan Kumar and they hail

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from Bihar State. Since the complainant and her husband

were in search of a better job, they had met the petitioner

herein, who was introduced to the complainant's husband

by his friends. On 06.02.2023 they had met the petitioner

and at his request, had stayed in his house. On

07.02.2023 at about 03.00 p.m. the petitioner allegedly

sent the complainant's husband to have a hair cut.

Thereafter, accused No.1 came to the house of the

petitioner in motorcycle and both of them took the victim

lady along with them in the motorcycle on the pretext of

showing her the place of employment and at about

07.00p.m., near a forest area, accused No.1 allegedly

committed sexual assault on the victim lady. Thereafter,

they took her in the motorcycle and when she jumped

from the motorcycle and tried to escape, they caught hold

of her assuring that they will take her to the room. The

accused persons, thereafter, took her to a room and in the

said room the petitioner allegedly caught hold of her and

accused No.1-Sri.Kubera once again committed sexual

assault on her and both the accused threatened her with

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dire consequence if she inform about the incident to

anybody. Subsequently, the accused persons brought her

back to the petitioner house in their motorcycle and the

victim lady informed about the incident to her husband

and lodged the complaint on 07.02.2023 at about 11.30

p.m., based on which the FIR in Crime No.23/2023 was

registered by Thirumalashettahalli Police Station against

the accused persons.

4.

During the course of investigation of the case,

the petitioner was arrested on 08.02.2023. Investigation

of the case is completed and charge sheet has been filed.

In the charge sheet, petitioner is arrayed as accused No.2.

His bail application filed before the VI Additional District &

Sessions Judge, Bengaluru Rural District, Bengaluru, in

S.C.No.199/2023

was

dismissed

on

30.08.2023.

Therefore, the petitioner is before this Court.

5.

Learned counsel for the petitioner, having

reiterated the grounds urged in the petition, submits that

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even if the prosecution case is believed, at this stage,

there is no allegation against the petitioner about

committing any sexual assault on the victim lady. The

allegation of committing sexual assault is only against

accused No.1. The petitioner has no criminal antecedent.

The

petitioner

is

in

custody

since

08.02.2023.

Accordingly, he prays to allow the petition.

6.

Per contra, learned High Court Government

Pleader opposed the bail application and submits that the

accused persons have committed heinous offence on the

victim lady, who had gone to take their help for securing

employment. Petitioner hails from Assam State and in the

event he is enlarged on bail, he is likely to flee from

justice. Accordingly, he prays to dismiss the petition.

7.

As

per

the

complaint

and

charge

sheet

allegations, the victim and her husband had approached

the

petitioner

herein

seeking

his

help

to

secure

employment to them. On 06.02.2023 they had stayed

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overnight in his house and on 07.02.2023, the petitioner

allegedly sent the complainant's husband to have a hair

cut and thereafter accused No.1 and the petiti