Heard Sri. Mahantesh Patil, learned counsel for the

petitioner and Sri. H.S.Shankar, learned High Court

Government Pleader for the respondent-State.

2.

The present petition is filed under Section 439

of Cr.P.C. with the following prayer:

“To

grant

the

regular

bail

to

the

petitioner in Crime No.172/2021 of Lingasugur

Police Station, Dist: Raichur for the offences

punishable under Sections 342, 376 and 506

of IPC in C.C.No.10120/2021 pending on the

file of Principal Civil Judge (Jr.Dn.) and JMFC

Court, Lingasugur, Raichur district, in the

interest of justice and equity.”

3.

Brief facts of the case are as under:

Victim lady aged about 27 years lodged a complaint

with the Lingasugur Police, Raichur district for the

offences punishable under Sections 342, 376, 506 of IPC.

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Gist of the complaint averments is that the victim

lady came into acquaintance with the accused when she

had been to write an examination in First Grade College

Surpur, wherein the accused was a room supervisor.

After confirming about the position of the accused in the

college with others, she developed friendship with the

accused. The accused had promised the victim lady to

marry. Subsequent thereto, on 17.07.2021, accused

came in a car and abducted the victim lady and kept her

in a room in Surpur and he committed forcible sexual

intercourse with her on 18.07.2021, 19.07.2021 and

20.07.2021. She was confined in a room and her hands

were tied and victim lady mouth was gagged with a help

of plaster whenever accused used to go-out of the house.

Accused also fed her with food and other requirements

and using one occasion where accused has left mobile

phone unattended, she called her relatives and intimated

the incident. Thereafter, the relatives of the victim lady

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came to the place and rescued her and at that juncture

accused told the relatives that he would marry the victim

girl in Amareshwar Temple next day. Believing the words

of accused, accused, victim lady and two relatives of the

victim lady moved on two motorcycles. Enroute to their

respective places, accused requested the rider of the

motorcycle to stop the motorcycle in the guise of

attending nature call and thereafter escaped from the

place. It was near Mouneshwar Temple. Thereafter

complaint came to be lodged by the victim lady on

11.09.2021. The police after registering the case in Crime

No.172/2021 for the aforesaid offences investigated the

matter and filed the charge sheet. The attempt made by

the accused seeking grant of anticipatory bail was turned

down by this Court and thereafter accused surrendered

before the Court and he is custody on and from

17.02.2022. Attempt made by the accused to obtain

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order granting regular bail is turned out by the District

Court. Thereafter, petitioner is before this Court.

4.

Learned

counsel

for

the

petitioner

Sri

Mahantesh Patil reiterating the grounds urged in the

petition, contended that to establish the element of rape,

there is no material evidence on record except the

statement of the victim lady which is artificial in nature.

He pointed out that the medical records produced by the

prosecuting agency clearly establish that the hymen is

intact and the opinion of the doctor is that there cannot

be any positive material on record to hold that there are

traces of forcible sexual intercourse. Taking note of these

aspects of the matter, counsel sought for grant of bail.

5.

Per contra, learned High Court Government

Pleader opposes the bail petition on the ground that the

matter of this nature what is to be looked into is whether

the male part accused has been penetrated into the

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female part to any extent which would be sufficient

enough construe the offence of rape and mere fact that

hymen being intact or other medical records not

supporting the case of the prosecution would not ipso

facto render the prosecution case is doubtful and thus

sought for rejection of the bail petition.

6.

He also contended that the statement of the

victim lady has been recor