This petition is field by accused No.1 under

Section 439 of The Code of Criminal Procedure, 1973

(hereinafter referred to as the 8Cr.P.C.9, for brevity)

seeking bail in Crime No.59/2022 of Haveri Women

Police Station registered for the offences punishable

under Sections 376(n), 420, 504 and 506 read with

Section 34 of the Indian Penal Code (hereinafter

referred to as 8IPC9, for brevity).

2.

The case of the prosecution is that, the

victim lady has filed the complaint stating that, in

the year 2019, she was working in Netravati Service

Station at Byadagi and at that time, accused No.1

was also working in the same place and they became

friends and accused No.1 developed fascination

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towards her and promised her to marry. That on

12.01.2022 her brother and aunt went to the village

and she was alone in the house and accused No.1

taking advantage of the same, entered the house

quietly and asked water to drink and committed

sexual intercourse on her forcibly against her will on

false promise of marriage. It is further stated that,

due to the act of accused No.1, the complainant

became pregnant. The petitioner/accused No.1 has

also received cash of Rs.6,00,000/- and 3 tolas gold

from the complainant. That on 22.07.2022, she

called the petitioner/accused No.1 through phone

and told that she is 5 months pregnant and asked

his parents to come to her house. At that time

petitioner/accused No.1 and accused Nos.2 to 4

asked whether there is any evidence that she has

become

pregnant

through

accused

No.1

and

threatened and abused her in filthy language. The

said complaint came to be registered in Crime

No.59/2022

for

the

aforesaid

offences.

The

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petitioner came to be arrested on 12.08.2022 and he

is

in

judicial

custody.

The

petitioner

filed

Crl.Misc.No.638/2022 seeking bail and the same

came to be rejected by the learned I Additional

District and Sessions Judge, Haveri, by order dated

03.09.2022. Therefore, the petitioner is before this

Court seeking bail.

3.

Heard

the

arguments

of

the

learned

counsel appearing for the petitioner and the learned

High Court Government Pleader for the respondent-

State.

4.

The learned counsel for the petitioner

would contend that, the alleged offence is taken

place on 12.01.2022 and the complaint came to be

filed on 12.08.2022 and therefore there is a delay in

filing the complaint and it is not explained. It is his

further submission that the victim lady is aged 24

years and looking to the averments of the complaint

it can be inferred that the alleged physical contact

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between the petitioner/accused No.1 and the victim

lady is consensual. It is his further submission that

there is a divorce of the complainant9s marriage with

her husband by mutual consent in M.C. No.99/2022

by judgment dated 05.07.2022. It is his further

submission

that

the

offence

punishable

under

Section 376 of IPC is not attracted. The other

offences punishable under Section 504 and 506 are

alleged against accused Nos.2 to 4. It is his further

submission that the petitioner is in judicial custody

since 12.08.2022 therefore he is not required for

any custodial interrogation. With this, he prayed to

allow the petition.

5.

Per contra, learned High Court Government

Pleader would contend that, investigation is still in

progress. As per the medical examination the victim

lady is pregnant of six months. The statement of

the victim lady has been recorded under Section 164

of

Cr.P.C.,

wherein,

she

has

stated

that

the

petitioner/accused

No.1

under

the

pretext

of

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marriage had forcibly committed sexual intercourse

more than 20 times and due to that she become

pregnant. It is his further submission that as the

investigation is in progress and the alleged offence

is heinous, the petitioner is not entitled for grant of

bail. With this, he prayed to reject the petition.

6.

Having regard to the submission made by

the learned counsel for the petitioner and the

learned High Court Government Pleader, this Court

has gone thro