Appellant-accused being aggrieved by the rejection of his

bail application filed under Section 439 of Code of Criminal

Procedure (for short ‘Cr.P.C’) passed by learned Addl. District

and Sessions Judge, Gadag, in Naregal P.S. Crime No.9/2023

dated 07.03.2023, preferred this appeal.

2.

Parties to the appeal are referred with their ranks

as assigned in the trial Court for the sake of convenience.

3.

The

factual

matrix

leading

to

the

case

of

prosecution can be stated in nutshell to the effect that victim is

a student studying at B.Com 3^rd semester in Mariyappa Balappa

Kalakonnavar Government First Grade College, Naregal. On

06.02.2023 at about 11:30 a.m, while she was going to college

in a shortcut road after drawing money from the ATM. At that

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time, an unknown person came from backside and caught hold

her. Complainant-victim screamed for help and due to which,

he left her and ran away from the place. Passers of the road

tried to chase and catch him, but they could not apprehend

him. On the basis of these allegations, case is registered in

Naregal P.S. No.9/2023 for the offences punishable under

Sections 354(A) (1)(i)(ii), 354(D) of Indian Penal Code (for

short ‘IPC’) and Sections 3(1) (w)(i), 3(2) (va) of Scheduled

Castes

and

Scheduled

Tribes

(Prevention

of

Atrocities)

Amendment Act, 2015 (for short ‘the Act’).

4.

Appellant-accused during the course of investigation

was arrested on 08.02.2023 and since then he is in judicial

custody. The bail application filed by appellant under Section

439 of Cr.P.C before trial Court came to be rejected by order

dated 07.03.2023.

5.

Learned High Court Government Pleader appears

for respondent No.1-State and respondent No.2 though served

has remained unrepresented. Learned High Court Government

Pleader for respondent No.1-State filed objections opposing the

bail application contending that victim was produced before

J.M.F.C., Gadag and her statement under Section 164 of Cr.P.C

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came to be recorded and she has reiterated the allegations

made in the complaint. Accused with preplan has followed the

victim and committed offence on the victim girl. There are

sufficient prima-facie material evidence against accused and

therefore, prayed for dismissal of the appeal.

6.

Heard the arguments of both sides.

7.

On careful perusal of complaint allegations filed by

victim girl would go to show that she is staying in her junior

aunt’s house at Ron and attending to her college by making up

and down of her 3^rd semester in B.Com. On 06.02.2023 at

about 11:30 a.m, she was going to college after drawing

amount from ATM on the pathway infront of Saibaba temple

and there was none on the road. At that time, an unknown

person came from backside and caught hold her. Due to which,

she screamed for help. On hearing hue and cry, said person by

pushing her fled away from the place. A shepherd and old man

chased the said person, but they could not apprehend him.

Complainant on informing about the incident to the Principal of

the college and her junior aunt, filed complaint by giving

description of the said unknown person.

- 5 -

8.

Indisputably, FIR is registered in Naregal P.S crime

No.9/2023 against unknown person with the description of

person given in complaint. It is stated in the complaint that the

said person was aged about 25 to 28 years having fair

complexion, black hairs who was wearing full black shirt with

star colours, pant and chappals. On the basis of this

description, the prosecution claims that PSI on 07.02.2023 as

per remand application, collected

the information from

Naregalla bulldozer colony people and they revealed that the

name of said person is Basavaraj S/o Shekharagouda

Lakkanagoudra. It is on the basis of such disclosure by

residents

of

bulldozer

colony,

appellant-accused

was

apprehended. According to the prosecution, accused has given

voluntary statement and admitted that he was following victim

girl with an intention to commit sexual assault.

9.

Indisputably, accused wa