IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE HON' BLE MRS. JUSTICE RATHNAKALA CRL.P.No.6756/2017 BETWEEN:
LEPAKSHI S/O PUTTARAJU AGED ABOUT 27 YEARS R/AT No.477/1, 11TH A CROSS BUVANESHWARI NAGARA NEAR BHARATHI SCHOOL T DASARAHALLI, NAGASANDHRA BANGALORE-600057. ... PETITIONER (BY SRI NATARAJ, ADV.) AND:
STATE BY PEENYA POLICE STATION BANGALORE-560058 REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA-560001. ... RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRL.P FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.930/2017 PENDING ON THE FILE OF THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU AND CRIME No.264/2017 OF PEENYA POLICE STATION, BENGALURU CITY, FOR THE OFFENCE P/U/S 3(1), 3(2) (5) (R) (S) (W) OF SC AND ST (POA) ACT, 2015 AND SECTIONS 376, 448,, 417, 506 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is charge sheeted by the respondent-police in respect of the offences punishable under Section 3(1)(X), 3(1)(XI) of SC/ST Act and Section 376, 448, 417, 506 of IPC. The allegation is, the petitioner got acquainted with the victim girl, committed rape on her while she was alone in the house; subsequently, the victim conceived and insisted him for marriage. Initially he promised to marry her after securing permission from his parents, but later he retreated and force her to consume some pills and finally, refused to marry her on the pretext that she belongs to Madiga community. He has given life threat, etc.
3. As per the submission of the learned HCGP, now the victim is five months pregnant.
4. Having regard to the nature of allegation, it is felt that it is not an appropriate stage to consider the case on its merits. Hence, the petition is rejected. The trial Court is directed to pre-pone the case, frame charges and record the evidence of CW-1/victim; such exercise shall be completed within 40 days of communication of this order. The petitioner is permitted to file fresh bail application thereafter. In the event, fresh application is filed, the same shall be considered in accordance with law without being influenced by the earlier orders of rejection of his bail petition.
Learned counsel for the petitioner is requested to communicate this order to the concerned Court.
Sd/- JUDGE ln.