Karnataka High Court
Mareppa S/O Mallappa Itagi vs The State Of Karnataka By Wadagera ... on 28 July, 2015
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JULY 2015
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.200697/2015
Between:
Mareppa S/o Mallappa Itagi
Age: 20 years, Occ: Agriculture
R/o Wadagera, Tq.Shahapur
Dist.Yadgir
... Petitioner
(By Sri Ganesh Naik, Advocate)
And:
The State of Karnataka
By Wadagera Police Station
Dist. Yadgir
... Respondent
(By Sri Seshadri Jaishankar M. HCGP )
This Criminal Petition is filed under Section 439 of Cr.P.C.
praying to release the accused/petitioner on bail in
(C.C.No.302/2015) Crime No.155/2014 of Wadagera P.S. Dist
Yadgir pending before the JMFC Court at Shahapur Dist. Yadgir,
2
which is registered for the offences punishable under sections
341, 376, 355, 504, 506, 323 read with section 34 of IPC.
This petition coming on for Orders this day, the Court
made the following:
ORDER
The petitioner has already approached this Court for grant of bail U/Sec.439 of Cr.P.C., after the charge sheet is being filed in Criminal Petition No.200640/2015. The Wadagera Police have laid a charge sheet against the accused in C.C.No.302/2015 for the offences U/Sec.341, 376, 355, 504, 506, 323 R/w 34 of IPC.
2. The complainant, a lady by name Shivalingamma of Wadagera village, Shahapur taluk, has specifically alleged that she is married lady and got four children and on 19.12.2014 at about 5:30 p.m. when she was proceeding towards Wadagera village, the petitioner 3 has pulled her to a nearby land, assaulted her, pulled her down and committed forcible sexual intercourse with her, without her consent and against her will. Thereafter, she went to the house, disclosed the same to her husband and immediately lodged a complaint. She was medically examined and some articles were seized and sent to FSL.
3. At the time, when the earlier petition was disposed off, the final medical report was not available, which is now produced before the Court. It shows that the Doctor has opined that there was no recent sexual intercourse. But, this Court has considered all the materials on record including the statement of the witnesses and also particularly the statement of the victim lady. Though the FSL and the medical report are negative, nevertheless, the statement of the victim at this stage, cannot be brushed aside. There is no other material 4 available to show that there was any vengeance in existence between the accused and the complainant. In the absence of such materials, there is no reason as to why the statement of the victim has to be dis-believed.
4. Though the learned counsel for the petitioner made attempts to persuade the Court by bringing to my notice some contradictions between the earlier statement and the later statement of the victim. But, nevertheless, the core of the prosecution case with regard to the petitioner dragging her to the land and committing forcible sexual intercourse with her is not disturbed. Under the above said circumstances, considering the above said aspects, after the charge sheet being filed, there are no considerable changed circumstances to come to a different conclusion. Therefore, in my opinion, petitioner is not entitled to be enlarged on bail. 5
5. Even in the earlier petition also, this Court has directed the committal Court and the trial Court to take serious steps to take up the matter and dispose off the same as early as possible. Again same opinion is re- iterated and office is hereby directed to send a copy of this order to the committal Court and the trial Court in order to expedite the matter and dispose off the case as early as possible.
With these observations, the petition stands dismissed.
Sd/-
JUDGE SGS*