This petition is filed by the sole accused under Section

439 of Cr.P.C., seeking bail in Crime No.181/2021 of

Hirehadagali police station registered for the offences

punishable under Sections 366, 376(N) and 506 of IPC.

2.

The case of the prosecution is that, the father of

the victim-lady has filed complaint stating that, he is having

two children including the victim-lady. It is further stated

that, the victim-lady is married to one Devaraj and she is

having a male child. The complainant had filed missing

complaint of his daughter victim-lady on 24.11.2021 before

the Hirehadagali police station and on 08.12.2021, the police

secured his daughter victim-lady and the petitioner, and at

that time, the wife of the complainant enquired her daughter

wherein she has told that, she came in acquaintance with the

petitioner and once when she was quarreling with her

husband,

accused

has

threatened

her

husband

and

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subsequently asked the victim-lady to come out with him

and he will marry her, and on 20.11.2021 at about 2.20

a.m., when her child was crying she came out, at that time

he

took

her

to

Hadagali

village

and

thereafter

to

Chikkamagalur in Bus and kept her in a Narigudda estate

where he has committed forcible intercourse on her. The

petitioner came to be arrested on 08.12.2021 and is in

judicial custody. The police after investigation filed charge-

sheet against the petitioner for the offences punishable

under Section 366, 376(N), 506 of IPC.

3.

The

petitioner

filed

Criminal

Miscellaneous

No.5221/2022 seeking bail and the same came to be

rejected by III Additional District and Sessions Judge, Ballari,

sitting at Hospete by order dated 30.03.2022. Therefore, the

petitioner is before this Court seeking bail.

4.

Heard the arguments of the learned counsel for

the petitioner and the learned HCGP for the respondent-

State.

5.

Learned counsel for the petitioner would contend

that, the victim-lady is major by age and on looking to the

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averments of her statement, she voluntarily went along with

this petitioner and stayed with him for three weeks which

itself shows that physical relationship between them is a

consensual. It is his further submission that, the Doctor who

examined the victim-lady has noted history as told by her

wherein she has stated that, she and the petitioner were

acquainted with each other since May, 2019 while working at

Alldur Chota Chikkamangaluru district, Kundur coffee estate

and they started liking each other and use to have sexual

intercourse often once in a week and thereafter, she came

back to her village in September, 2020 and they were in

contact through phone, and on 20.11.2021 the petitioner

came to her village at 2.00 p.m. and forced her to come with

him and both of them came to Hadagali village along with

child and thereafter proceeded to Chikkamagalur and stayed

at coffee estate till 07.12.2021 and they use to have sexual

intercourse once in three days and last was on 05.12.2021.

It is his further submission that, from the said history given

by the victim-lady itself shows that she had affair with this

petitioner and her physical relationship was consensual. It is

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his further submission that, the charge-sheet is filed and the

petitioner is not required for custodial interrogation.

6.

Per contra, learned HCGP would contend that, the

statement of the victim-lady has been recorded under

Section 164 of Cr.P.C., wherein she has stated that, the

petitioner had forcible sexual intercourse on her and he kept

her for three weeks in the coffee estate. It is his further

submission that, as per the school records the date of birth

of the victim-lady is 11.06.2000 and she is aged 21 years as

on the date of the alleged offence. It is his further

submission that, the charge-sheet material shows prima

facie case against the petitioner. With this he prayed to

reject the petition.

7.

Having

heard

the

learned

counsel

for

the

petitioner and the learned HCGP for the respondent-State,

this Court has gone thr