The sole accused filed this appeal praying to set

aside

the

order

dated

07.10.2022

passed

in

S.C.No.7/2022 by the V Additional District and Session

Judge, Mandya, where in the bail application of this

appellant/accused sought in respect of Crime No.186/2021

of Malavalli Rural Police Station for the offence punishable

under Section 420, 376, 506 of Indian Penal Code, Section

3(1)(w)(i)(ii)

of

the

Schedule

Cast/Schedule

Tribe

- 3 -

(prevention of Atrocities) Act, 1989 and Section 66(E) and

67(A) of the Information Technology Act, 2008 came to be

rejected.

Heard learned counsel for the appellant/accused

and

learned

High

Court

Government

Pleader

for

respondent No.1/State. In spite of service of notice to

respondent

No.2/Complaiant

remained

absent

and

unrepresented.

3.

The case of the prosecution is that, the victim

lady has filed complaint stating that she came in contact

with the appellant/accused through facebook since 3

years.

She

continued

friendship

with

the

appellant/accused as brother. The appellant/accused

mesmerised her by showing love and promised to marry

her and look after her children and asked her to leave her

husband and committed sexual intercourse on her in her

house in the absence of the her husband. Thereafter, the

appellant/accused took the victim lady to a rented premise

and there also he committed sexual intercourse on her.

He promised to get her loan of Rs.5,00,000/- and

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repeatedly committed sexual intercourse on her for about

30-50 times and recorded the same in his mobile phone.

He further threatened to send the videos to her relatives if

she did not corporate for sexual intercourse and gave her

life threat. The appellant/accused took Rs.70,000/- worth

of jewellery of the victim lady and pledged with a sethu.

The victim lady gathered the panchayath and no decision

was taken in the panchayath and therefore, she lodged

the complaint. The case came to be registered in Malavalli

Rural Police Station in crime No. 186/2021. The

appellant/accused came to be arrested on 27.11.2021 and

he is in judicial custody. After investigation, charge sheet

came to be registered against the appellant/accused for

the offences punishable under Section 420, 376, 506 of

Indian Penal Code, Section 3(1)(w)(i)(ii) of the Schedule

Cast/Schedule Tribe (prevention of Atrocities) Act, 1989

and

Section

66(E)

and

67(A)

of

the

Information

Technology Act, 2008 and case came to be registered

against the appellant/accused in S.C.No.7/2022 and it is

pending on the file of the V Additional District and Session

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Judge, Mandya. The appellant/accused filed a bail

application and same came to be rejected by the

impugned order dated 07.10.2022. The appellant/accused

has challenged the said order in this appeal.

4.

Learned counsel for the appellant/accused

contend that the victim lady is aged about 30 years and

she is married and having children. On perusal of

averments of the complaint and charge sheet material

there is relationship between the appellant/accused and

victim lady since 03 years. The complaint came to be filed

as Panchayath came to be failed. The relationship

between

the

appellant/accused

and

victim

lady

is

consensual. As charge sheet is filed, the appellant/accused

is

not

required

for

custodial

interrogation.

The

appellant/accused is having wife and children. Without

considering these aspects the learned Session Judge has

erred in rejecting his bail application and prayed to allow

the appeal and grant bail to the appellant/accused.

5.

Per contra, the learned High Court Government

Pleader would contend that this appellant/accused induced

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the victim lady to marry her and committed sexual

intercourse on her in her house. He has promised to get

her loan of Rs.5,00,000/- and took her to a lodge and

subsequently to a rented house there also he committed

sexual

intercourse

on

her

several

times.

The

appellant/accused also recorded the sexual acts between

him and victim lady in his mobile pho