IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 4th DAY OF MARCH 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO.10233 / 2011 BETWFIN BHARMA S/O MARUTI (3ORAL AGE: ABOUT 31 YEARS, 0CC: BUSINESS, R/O: ZAD SHAHAPUR, BELGAUM, DIST: BELGAUM. PETITIONER (By Sri. M B GUNDAWADE, ADV.) AND THE STATE OF KARNATAKA REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT 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 S.C.NO.66/2010 (BELGAUM RURAL P.S. CRIME NO.268/2009) PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BELGAUM, FOR THE OFFENCES U/S 366, 376 R/W 34 OF IPC, THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This petition is by the accused No.2 who is alleged to have committed rape on the victim girl. 2. The case of the prosecution in short is that, on 13.9.2009 at about 9.30 a.m. the victim girl was in the house and at that time, A-i Shobha came there and called the victim girl to go along with A-i to Peeranawadi to buy vegetables and both of them went towards Sreenivasa Factory and got into a tempo and went towards Khanapur. When the victim asked A-i Shobha as to why the victim was being taken to Khanapur, she was told that, they will come back early and thereafter at Khanapur, both of them got down and sat in a auto driven by this petitioner and again when the auto went towards Jembota road, the victim once again questioned as to why she was being taken in that road, for which, Shobha informed that they are going to bring brick pieces and thereafter the 1st accused got down from the auto and went away. The auto driver forcibly took the victim girl and committed rape on her by having forcible intercourse. The victim also shouted and tried to resist the act of this petitioner and at that place nobody was there and two hours later A-i Shobha returned and the victim told Shobha about the act of the accused and A-i pacified the victim and then both of them came back to the house of the victim. Victim came to know the name of auto driver as Bharma Maruthi i.e. petitioner herein and as it was late in the night, victim did not inform her mother about the incident and subsequently on finding that she had become pregnant, she revealed the incident to one Bhagawwa Krishna Reddy who is the neighbour and thereafter the complaint was lodged with the police by the mother of the victim. 4 3. Learned counsel for the petitioner strongly argued that, it is a case of consent on the part of the victim girl because the victim kept quiet for nearly two months and only after she became pregnant, that she thought of roping in the petitioner so as to cover the mistake committed by the victim herself. The age of the victim is also put at 17 years by the petitioner’s counsel and, the delay in lodging the complaint and not informing the mother of the victim are the two factors which are pressed into service to seek bail to the petitioner. 4. On the other hand, submission of learned Government Pleader for the State who has filed objections is that, the statement of the victim itself shows that she was subjected to forcible intercourse by the accused petitioner herein and therefore grant of bail is not warranted at this stage. Whether it is a case of consent or not is a matter to be examined during the trial and so also the factor of delay in lodging the complaint. 5. Having thus heard both sides and after going through the materials placed by the prosecution, I am of the view that, at this stage, in view of the submission made by the victim herself, there is prima facie case against the petitioner and therefore the ground of delay is not therefore material at this stage and so also the ground of consent put forward by the petitioners counsel. It is a matter of evidence which will have to be seen only when the trial takes place. At this stage, grant of bail to this petitioner, who is said to have committed rape on the victim girl, does not arise not withstanding the fact that A-i Shobha has been let on bail by the Trial Court. 6 The petition is rejected and the Trial Court is directed to dispose of the case at the earliest, preferably within six months. Sd! Dvr: