This petition is under Section 439 Cr.P.C., with the

following prayer:

“WHEREFORE it is most humbly prayed that

the Hon'ble Court be pleased to allow the petition

and be pleased to release the petitioner on bail in

Crime.No.92/2022 of Kalaburagi City Women Police

Station Kalaburagi, for offences U/SEC. 376 (2) (n),

506, 504, 109 R/w 34 Of IPC, pending before I Addi

Civil Judge and JMFC Kalaburagi, in the interest of

justice and equity.”

2.

Brief facts of the case which are necessary for

disposal of the petition are as under:

Upon a complaint lodged by the victim lady, Kalaburagi

Women Police Station registered a case in Crime No.92/2022

on 10.9.2022 for the offence punishable under Sections

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376(2)(n), 504, 506 and 109 read with Section 34 IPC against

the petitioner and others.

3.

Gist of the complaint averments reveal that the

petitioner developed intimacy with the victim lady and in the

pretext of marriage, there was a long lasting physical

relationship between the petitioner and the complainant. It is

also alleged that the salary income of the complainant was

forcibly taken away by the petitioner and ultimately, he refused

to marry the victim lady. On 1.8.2022, the matter was referred

to the parents of the petitioner and they demanded 41 thola

gold and abused her in filthy language.

4.

Police after thorough investigation filed the charge

sheet against the petitioner and others.

5.

The attempt made by the petitioner to seek grant of

regular bail was turned down by the learned District Judge.

Thereafter, the petitioner is before this Court with a request for

grant of bail on the following grounds:

That the petitioner is innocent of the alleged

offences against him and he is falsely involved in

the above case.

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That, the petitioner is falsely involved by

respondent and there are no other evidences to

state that the petitioner is involved in the above

said offence, which is bad in law.

That, looking to the entire content of the

compliant it goes to show that this is a definite case

of consent and there is no force full act.

That, even going through the entire content

of the FIR and Complaint their no reasonable

grounds to believe that the petitioner is committed

an offence punishable U/sec.376 of IPC.

That, there is an inordinate delay of 4 years in

filing this compliant, delay itself shows that no

genunity of the offences.

That, the petitioner is law abiding citizen and

he was voluntarily surrendered before the I.O.

That, there is further custodial interrogation

of the petitioner is not required.

That, co-accused have been granted bail by

the Hon'ble V Addl Sessions/Spl Judge Kalaburagi in

Crl.Misc No. 1913/2022.

That, the petitioner is ready to furnish surety

to the satisfaction of the Hon'ble court and ready to

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abide by the conditions if any imposed by the

Hon'ble Court.

That, the petitioner is permanent resident of

his locality and having deep roots in the society.

Hence he absconding from trial does not arise.

No other case has been filed or pending

before this Hon'ble Court or any other court seeking

the relief sought in the petition.

The petitioner crave leave to urge any other

points that may be available at the time of

arguments.

6.

Reiterating the grounds urged in the petition,

learned counsel for the petitioner vehemently contended that

the physical relationship between the parties even if admitted,

the same would not amount to offence of rape as the

relationship is consensual in nature.

7.

He further argued that mere breach of promise to

marry would not amount to any offence having regard to the

fact that the victim lady is aged 34 years and thus sought for

grant of bail.

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8.

Per contra learned High Court Government Pleader

Smt. Maya opposed with vehemence for grant of bail.

9.

She further contended that in the guise of marrying

the victim lady, there is a forcible sexual intercourse

continuously for more than five years and the petitioner has

also fo