-‘ IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 27TH DAY OF JULY 2011 BEFORE THE HON’BLE MR.JUSTICE B.V.PINTO CRIMINAL PETITION No.2618/2011 Between: Sri. Yallappa, S/o Annappa Chinnannavar, Age: 28 years, Occupation: Agriculture, R/o. Prabhu Nagar, Taluk: Khanapur, District: Belgaum. . . . Petitioner (By Shri Srinand A. Pachhapure. Advocate) And: The State of Karnataka, Through P.S.I., Khanapur P.S., Now rep. by S.P.P. . . .Respondent (By Shri Anand Kumar Navalgimath, H.C.G.P.) This criminal petition is filed under Section 439 of the Code of Criminal Procedure seeking enlarge the petitioner on bail in Sessions Case No.11/2011 on the file of V Additional District and Sessions Judge, Belgaum, (Crime No.313/2010 of Rhanapur P.S.. Belgaum District) which is regarding for the offence punishable under Sections 376, 323. 304, 506 and 341 of the Indian Penal Code. This criminal petition coming on for orders this day, the Court made the following: - a -2- ORDER Heard Shri Srinand A. Pachhapure. learned counsel appearing for the petitioner and Shri Anand Kumar Navalgimath, learned High Court Government Pleader appearing for the respondent — State. 2. This petition is filed seeking bail in Crime No.313/2010 of Rhanapur Police Station, Belgaum, registered on 03.10.2010 for the offences punishable under Sections 341. 376. 323, 504 and 506 of the Indian Penal Code. The victim has given a complaint on 03.10.2010 before the Police, stating that on that day. she had gone to graze the she buffaloes on the hillock and at about 04:00 p.m.. the petitioner came near her and after holding her hand, he has committed forcible intercourse with her. Hence she raised her voice. Her husband came near the place of occurrence. The petitioner exhibited the knife and threatened him that he would kill him and also intimidated both husband and wife. The petitioner has also torn the buniyan worn 3 bs the husband of the victim. Hence, the action is prayed for. 3. The victim was subjected to the medical examination and the report of the medical examination conducted by the Belgaum Institute of Medical Sciences gi es a report that there is no eidence of spermatozoa in the smear collected from the both of the victim. The Forensic Science Laboratory report also say s that there is no presence of seminal stains in the items collected during the investigation 4. The learned High Court Government Pleader has filed statement of objections. 5. The petitioner is arrested on 04.10 2010 and he is in custody. The Police have filed the charge sheet and the matter is no pending before the Sessions Court. Without expressing any opinion regarding the merits of the case, I am of the opinion that the petitioner can be released on bail. Accordingli the petition is allowed. t -4- 6. The petitioner is directed to be released on bail, on his executing a personal bond for a sum of Rs.25,000/- vith one surety for the like sum to the satisfaction of the trial Court. 7. The petitioner shall not threaten or induce the victim during the pendency of the case and if it is brought to the knowledge of the Investigating Authority that the petitioner is indulging in tampering with the prosecution vitnesses, the Sessions Judge is at liberty to cancel the bail without further reference to this Court. Sc!! JUDGE Rsh