Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.497 of 2014 of the Vellarikundu Police Station, Kasargod District registered for the offences punishable under Section 376 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. The allegation against the petitioner is that he had committed rape on the de facto complainant, girl who is a member of the Scheduled Tribe. She was working as a salesgirl at the shop of the petitioner. In order to avoid complaints, he gave her a promise of marriage and thereafter, under the promise of marriage he repeatedly subjected her to sexual intercourse on various dates. After that she came to know that the petitioner is looking for another marriage. When she contacted him, he retracted from his promise and expelled her from the shop.
4. Heard the learned counsel for the petitioner and the B.A.No.7815 of 2014 2 learned A.D.G.P.
5. The contents of the CD prima facie reveal that the complicity of the petitioner. An offence under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has also been alleged. Whatever be the merits or otherwise of that ground on facts, the merits of the said allegation cannot be probed into by this Court at this stage. When there is such an allegation coupled with an offence under Section 376 of the Indian Penal Code, as per Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 the present petition is barred. This is not a matter wherein the discretionary relief under Section 438 of the Code of Criminal Procedure can be granted.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge