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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 15^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL PETITION No.200250/2021

BETWEEN:

Mahesh

S/o Rajanna Tubak

Age: 20 years, Occ: Para Medical Staff

R/o M.Hosalli village

Tq. And Dist. Yadgiri

… Petitioner

(By Sri Ashok Mulage, Advocate)

AND:

The State of Karnataka through

Police, Yadgiri Women Police Station

Dist. Yadgiri

Represented by Addl. SPP

High Court of Karnataka

Kalaburagi Bench

… Respondent

(By Sri Sharanabasappa M. Patil, HCGP)

This Criminal Petition is filed under Section 439 of

Cr.P.C. praying to release the accused/petitioner on bail in

Crime No.12/2020 of Yadgiri Women Police Station,

Dist.Yadgiri, for the offences punishable under Sections 366,

376, 306, 506 read with Section 34 of IPC pending on the file

of Sessions Judge, Yadgiri in S.C.No.73/2020.

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This petition coming on for Orders this day, the Court

made the following:

O R D E R

Accused No.1 in S.C.No.73/2020 is before this

Court seeking grant of regular bail under Section 439 of

Cr.P.C.

2.

Brief facts, which are necessary for disposal

of the petition are as under:

Upon a complaint lodged by one Basanagouda S/o

Rudragouda

Biradar,

the

Yadgir

Women

Police

registered a case in Crime No.12/2020 and thereafter,

investigated the matter in detail and filed charge sheet.

Charge sheet materials reveal that on 21.03.2020 at

about

1:25

p.m.

victim

after

writing

her

PUC

examination, came out from the college and at that

juncture, accused Nos.1 and 2 forcibly kidnapped her

on the two wheeler and took her to their house situated

near RTO office, Yadgir. In the house, they forcibly

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committed sexual intercourse and thereafter provided

food and juice to the victim. However, victim suffered

some serious medical emergency and thereafter she was

taken to Shankarappa Gouda Hospital and again

brought her back to their house.

On 22.03.2020 at about 8:00 a.m. again victim

had medical emergency and therefore, she was taken to

Shankarappa Gouda Hospital around 9:00 a.m. and she

was admitted for treatment. Accused No.1 at that

juncture, secured the presence of accused Nos.3 and 4

and all of them got her discharged and victim was taken

to Amlihal village in a car bearing No.KA-33/B-0606

and she was accompanied by accused Nos.3 and 4 and

she was left in her house.

It is also found from the material available on

record that she was threatened with dire consequence if

she discloses the matter to any one. Victim again had

a medical emergency and therefore inmates of the house

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went for procuring a car for shifting her to hospital and

at that juncture, on enquiry she has revealed to the

complainant about the incident that she has consumed

poison. Thereafter, she was shifted to Government

Hospital at Kembhavi. Thereafter, to a private clinic

where she was given first aid and then again at

Spandan Hospital at Shahapur wherein they told that

she

should

be

shifted

to

higher

medical

care.

Accordingly, she was being shifted to Kalaburagi

Hospital through ambulance, her health deteriorated.

As such she was admitted to Jewargi hospital en route

wherein the doctors declared that she had breathed her

last. Based on the complaint, police registered the case

and investigated the matter and filed the charge sheet.

3.

Learned counsel for the petitioner contended

that the accused person is innocent of the offences

alleged against him. He further argued that the incident

is a case of love affair, which has been blown out of

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proportion by the complainant party. He further argued

that prima facie materials found in the charge sheet do

not indicate that the action of the accused resulted in

victim committing the suicide by consuming poison. He

also argued that since the charge sheet is filed, accused

person be enlarged on bail. He further relied on the

medical report issued