Mr. Raghavendra S/O.Mr,raina Shetty Vs. State of Kamatak - Court Judgment

Excerpt:

[n ananda, j.] this crl.p is filed under section 439 cr.p.c praying to enlarge the petitioner on bail praying to enlarge the petitioner on bail in cr.no.26/2010 of gundlupet police station, chamarajamgar district, registered for the offences punishable under sections 342, 506, 376 and 306 order1. the petitioner is arrayed as the sole accused in crime ho.26/2010 registered for offences punishable under sections 342, 506, 376 and 306 of ipc by gundlupet police, charmarajanagar district,2. heard learned counsel for petitioner and learned government pleader for the state and i have been taken through investigation records.3. as per the first information report an investigation records on 21.1.2010, when the victim had visited the grocery shop of petitioner (which is situate, opposite to the house of victim), petitioner dragged her inside his house, bolted the door and committed rape on her against her wish. the family members of the victim, in particular, the brother of victim was scared as ms sinter was not found in the house. the brother of the victim and other persons searched for her. at about 2.00 a.m., during the intervening night of 21/22.1.2010, victim was pushed out of the shop of petitioner. the victim revealed that petitioner had dragged her into his house and committed rape on her when she visited his grocery shop at 8.00 p.m. when the brother of victim and other persons were enquiring petitioner, victim committed suicide by hanging herself to the roof of.....

Judgment:

ORDER

1. The petitioner is arrayed as the sole accused in Crime Ho.26/2010 registered for offences punishable under sections 342, 506, 376 and 306 of IPC by Gundlupet police, Charmarajanagar District,

2. Heard learned Counsel for petitioner and learned Government Pleader for the State and I have been taken through investigation records.

3. As per the first information report an investigation records on 21.1.2010, when the victim had visited the grocery shop of petitioner (which is situate, opposite to the house of victim), petitioner dragged her inside his house, bolted the door and committed rape on her against her wish. The family members of the victim, in particular, the brother of victim was scared as Ms Sinter was not found in the house. The brother of the victim and other persons searched for her. At about 2.00 a.m., during the intervening night of 21/22.1.2010, victim was pushed out of the shop of petitioner. The victim revealed that petitioner had dragged her into his house and committed rape on her when she visited his grocery shop at 8.00 p.m. When the brother of victim and other persons were enquiring petitioner, victim committed suicide by hanging herself to the roof of the house. The victim was subjected to medical examination, which revealed abrasions and scratches over her upper mandible, cheeks and also on the chest. Apparently, there is no motive for first informant to falsely implicate accused. The deceased was subjected to sexual harassment. The deceased not being able to bear the ignominy, committed suicide.

4, In the circumstances, there is prima facie case against petitioner. Therefore, he cannot be released on bail. Accordingly, petition is dismissed.