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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF APRIL, 2021

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

CRIMINAL PETITION NO.2873 OF 2021

BETWEEN

BASAVANNA

S/O MALLEDEVARU

AGED ABOUT 57 YEARS

R/AT PUTTANAPURA VILLAGE

CHAMARAJNAGAR TALUK AND

DISTRICT – 571 111.

... PETITIONER

(BY SRI SHIVAPRASAD Y.S, ADVOCATE)

AND

STATE OF KARNATAKA

CHAMARAJANAGARA EAST PS

REPRESENTED BY SPP

HIGH COURT BUILDING

BENGALURU – 560 001.

.. RESPONDENT

(BY SMT. RASHMI JADHAV, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO

ENLARGE THE PETITIONER ON BAIL IN CRIME NO.174/2020 OF

CHAMARAJANAGAR EAST POLICE STATION, CHAMARAJANAGAR

FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376,

376(N), 376(L) OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioner – accused

under Section 439 of Cr.P.C., for granting bail in Crime

No.174/2020 of Chamarajanagar East Police Station for

the offence punishable under Section 376 of the Indian

Penal Code, 1860 (for short ‘IPC’).

2.

Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader for

the respondent - State.

3.

The case of the prosecution is that the

complainant-Rajamma filed a complaint on 16.11.2020

alleging that the victim is her sister who is deaf and dumb

aged about 45 years. The accused is the neighbour of

their house. The complainant and her family members

used to go to the coolie work. The victim used to go to the

coolie work in the petitioner’s land. Since 4 to 5 days prior

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to lodging of the complaint, the victim was not feeling well

and she was taken to the lady doctor and after

examination, they got to know that the victim became

pregnant of 6 to 7 months. When the complainant

enquired about the same with the victim, she informed

that the petitioner is responsible for the same and the

victim also informed that while she was attending coolie

work, the accused had sexually assaulted her against her

will. After registering the case, the Police arrested the

petitioner-accused on 17.11.2020 and he was remanded to

the judicial custody. The investigation is completed and

charge-sheet has been filed. The accused approached the

Sessions Court for granting bail, which came to be

rejected. Hence, he is before this Court.

4.

Learned counsel for the petitioner submits that

the petitioner is innocent of the alleged offence and has

been falsely implicated in the case. Even on perusal of the

statement under Section 164 of Cr.P.C., she has stated

that one person had intercourse with her and she has not

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disclosed the name of the petitioner. There is inordinate

delay more than six months in disclosing the name of the

petitioner. Even otherwise the age of the victim is 45

years, it cannot be considered that there was a rape on

her. The investigation is completed and charge-sheet has

been filed. The DNA report is awaited. Therefore, petitioner

is entitled for bail, hence, prayed for granting bail.

5.

Per contra, learned High Court Government

Pleader seriously objected the bail petition and contended

that the victim is deaf and dumb woman. Taking

advantage of her weakness, the accused has committed

rape on her on a fake promise of marriage and as a result,

she became pregnant. The accused has also threatened

the victim not to disclose the same with anybody, thus,

she has not disclosed the same. DNA test report is

awaited. The accused misused the weakness of the victim

who is deaf and dumb, hence, prayed for dismissing the

bail petition.

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6.

Upon hearing the arguments and on perusal of

the records which goes to show that of course, the

complainant had three sisters and the victim and another

sister were deaf a