IN THE HIGH COURT OF KARNATAKA CiRCUIT BENCH AT DHARWAD DATED THIS THE 3rd DAY OF MARCH 2011 BEFORE THE HON BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO.10230 / 2011 BETWEEN SIRAJ S/O NABISAB HANCHINMANI AGE: 30 YEARS, 0CC: AGRICULTURE/COOLIE, R/0: KATRIDADDI VILLAGE, TQ: BAILHONGAL, DIST: BELGAUM. PETITIONER (By Sri. JAGADISH PATIL, ADV.) AND STATE OF KARNATAKA THROUGH KITTUR P.S. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, CIRCUIT BENCH, DHARWAD. RESPONDENT (By Sri. ANANDKUMAR K. NAVALGIMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON BAIL IN KUTTUR POLICE STATION CRIME NO.228/2010 (IN RESPECT OF ACCUSED NO.1> FOR THE OFFENCES P/U/S 366(A), 368, 376 R/W 34 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard both sides in respect of bail sought by the petitioner who is alleged to have committed rape on the complainant on 15.8.10. 2. The case of the prosecution in short is that, on the aforesaid date the complainant was taken away from her house by the petitioner to the outskirts of the village and he forced her to marry him and when she refused, under threat, the petitioner committed rape on the victim and therefore a case was registered in respect of offence punishable under section 366-A, 368, 376 r/w 34 of IPC by the Kittur police in Cr.No.228/ 10. 3. Having heard the petitioners counsel and also the learned Government Pleader for the State and the victim girl being said to be a minor aged 14 years, at this stage, grant of bail to the petitioner is not warranted having regard to the nature of the offence alleged against him. Therefore, without making further observations lest th4e4i might prejudice the case of the petitioner before the Trial Court on merits, following order is passed. Petition is rejected. However, this order shall not come in the way of the case being decided on merits by the Trial Court. Sd! JUDGE Dvr: