IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 20^TH DAY OF NOVEMBER, 2020

BEFORE

THE HON’BLE MRS.JUSTICE M.G. UMA

CRIMINAL PETITION No.201023/2020

BETWEEN:

Sandeep Reddy S/o Srinivas Reddy,

Age: 32 years, Occ: Business,

R/o Shanti Nagar, Tandur, Tq: Vikarabad,

Dist: Rangareddy (TS).

… Petitioner

(By Sri Ganesh Naik, Advocate)

AND:

The State through Kalaburagi City Woman

Police Station Kalaburagi, It's represented by

Addl. SPP High Court of Karnataka at

Kalaburagi Bench,

Tq. and Dist: Kalaburagi-585107.

… Respondent

(By Sri Mallikarjun Sahukar, HCGP)

This Criminal Petition is filed under Section 439 of

Cr.P.C, praying to allow the petition there by enlarge the

petitioner on bail in Crime Case No.86/2020, pending on

the file of Ist Addl. Civil Judge (J.D.) & JMFC at Kalaburagi

(in Crime No.86/2020 registered by the Kalaburagi City

Woman Rural Police Station Yadgiri, for the offences

punishable under Sections 376(2)(n), 420 of IPC), in the

interest of justice.

This petition coming on for orders this day, the Court

made the following:

2

ORDER

Petitioner/accused is before this Court seeking grant

of bail under Section 439 of Cr.P.C. in Crime No.86/2020

of Kalaburagi City Woman Rural Police Station, registered

for the offences punishable under section 376(2)(n) and

420 of Indian Penal Code (for short 'IPC).

2.

The brief facts of the case are that the

informant

stated

in

the

first

information

that

on

21.04.2019, the petitioner had visited the house of the

informant with marriage proposal stating that he is the

owner of a fertilizer shop at Tandur. Subsequently, it was

decided to have the engagement on 24.10.2019 at

Zahirabad. In the meantime, the petitioner collected the

phone number of the informant and invited her to go to a

temple near Kalaburagi and took her on 04.08.2019 in the

car bearing Regn.No. AP-28-AY-1080. The petitioner took

the informant to Crystal Palm Resort and booked room in

the name of the informant and committed sexual assault.

On 29.09.2019, again the petitioner took the informant to

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Hyderabad and had shopping and also visited the temple

and booked a room in Sai Lodge and committed sexual

assault. Thereafter, on 24.10.2019 the engagement was

performed and the marriage was proposed to be held on

11.12.2019. But subsequently, the petitioner step back

from his promise to marry the informant. Therefore, it is

stated that the petitioner has committed the sexual assault

and cheated the informant. Therefore, she requested the

police to register the case and to initiate legal action

against the accused. Accordingly, the police registered the

case and took up the investigation.

3.

Heard Sri Ganesh Naik, learned counsel for the

petitioner and Sri. Mallikarjun Sahukar, learned High Court

Government Pleader for respondent-State.

4.

The

learned

counsel

for

the

petitioner

submitted that the petitioner is innocent and law abiding

citizen and has not committed any offences as alleged. He

has been falsely implicated in the matter without any

basis. According to the informant, the incident had taken

place on 04.08.2019 and again on 29.09.2019. But the

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first information was lodged belatedly on 09.10.2020.

There is no explanation forthcoming for the inordinate

delay. He also contended that the informant had lodged

the complaint against the brother of the petitioner and

another on 26.06.2020 with Kunchavaram Police Station

for having committed the offences punishable under

Sections 341, 323, 504, 506 R/w 34 of IPC which was

registered

in

Crime

No.27/2020.

Under

such

circumstances, the contention of the informant that the

petitioner

has

committed

the

offences

cannot

be

believable. Since the informant is aged 25 years, Section

376 of IPC could not have been invoked. The petitioner

was apprehended on 09.10.2020 since then he is in

judicial custody. His deten