BASAVARAJ Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner-accused under Sec. 439 of Crimial P.C. seeking to release him on regular bail in Spl.SC/ST No. No.34/2018 (Crime No.153/2014 of Keshwapur Police Station) for the offence punishable under Sec. 506, 504, 354, 376 read with section 34 of Indian Penal Code and also under Sec. 3, (1) (xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) I have heard the learned counsel for the petitioner-accused as well as the learned HCGP for the respondent-state.

(3.) Before going to consider the case of the petitioner-accused, I feel it just and proper to narrate the facts of the case. It is the case of the prosecution that the mother of the complainant, sister and her friend had been to Goa for vacation trip on 15.08.2014 and on 16.08.2014, the accused stayed in the same hotel where the complainant and her mother were staying. It is further alleged that the complainant and her mother went to beach and at that time, at about 12.00 p.m., the accused came there and started harassing the mother of the complainant. As such, the father of the complainant called her mother over phone and told them to come back to Hubli immediately since he was leaving to Bengaluru for his official work. The accused, on hearing the same, got angered and threatened to kill the father of the complainant. When the accused was constantly harassing the mother of the complainant and threatening that he would take away the life of her father, accused dragged her to the room and forcibly raped her. On the basis of the complaint, a case has been registered.