—1— IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 17TH DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10325/2011 Between: Vithal S/o.Laxman Sanni, Age 23 years, 0cc.: Student/Agriculture, R/o.Janamatti, Tq. :Bilagi, Dist. :Bagalkot. Petitioner (By Sri.R.D,Desai & Sri.Gurubasavaraj S.M., Advocates) And: State of Karnataka, Through PSI Bilagi Police Station, By its State Public Prosecutor, High Court Building, Circuit Bench, Dharwad. Respondent (By Sri.Anand K. Navalgimath, HCGP) This criminal petition is filed under Section 439 of Cr.P.C. seeking to that the petitioner be released on bail in connection with Bilagi P.S. Crime No.29/2011 for the offences punishable under Section 376 and 511 of IPC. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard both sides and perused the objections filed by the State in respect of the bail sought by the petitioner who is accused of having committed offences punishable under Sections 376 and 511 of the IPC. 2. The prosecution case in short is that, this petitioner attempted to commit rape on the victim and the complaint was lodged by the victim. It is stated that on 21.01.2011 when she went to answer the nature call this petitioner caught hold and attempted to commit rape on her. Victim then shouted and her parents came and rescued her. 3. Having thus heard both sides, taking note of the complaint allegations and the complainant stating that the petitioner made an attempt to commit rape, in view of the submission of petitioner’s counsel that, the offence under Section 376 is unlikely to have taken place. There is some force behind it, and therefore taking note of the nature of the complaint allegations, the petitioner can be released on bail by imposing conditions. Accordingly I pass the following order: -3- ORDER i) The petitioner shall be released on bail on executing a personal bond for Rs.25,000/- with two sureties for the likesum to the satisfaction of the trial court. ii) He shall not tamper with the evidence and he shall not give threat to the prosecution witnesses in any manner. iii) He shall mark attendance before the jurisdictional police station on every Saturday between 10.00 a,m and 5.00 p.m. iv) He shall not involve themselves in like offences in future. Sd! JUDGE Vnp *