—1— IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 15Th1 DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10251/2011 Between: Sri.Yallappa S/o.Annappa Chinnannavar, Age 28 years, 0cc.: Agriculture, R/o.Prabhu Nagar, Tq.: Khanapur, Dist.Belgaum. Petitioner (By Sri.Ram P. Ghorpade, Advocate) And: The State of Karnataka, Through P.S.I. Khanapur P.S., Reptd. by the State Public Prosecutor, High Court of Karnataka, Dharwad. Respondent (By Sri. Vinavak Kulkarni, HCGP) This criminal petition is filed under Section 439 of Cr.P.C. seeking to grant bail to the petitioner in connection with crime No.313/2010 (C.C.No.936/2010) of Khanapur Police Station, Khanapur, on the file of the Civil Judge (Jr.Dn.) & JMFC, Khanapur, for the alleged offences under Section 341, 376, 323, 504 and 506 of IPC. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard the petitioner’s counsel and also the learned High Court Government Pleader for the State in respect of the bail sought by the petitioner who is the accused alleged to have committed offence under Sections 341, 376, 323, 504 & 506 of the IPC. 2. The prosecution case in short is that, the complaint was filed by the victim stating that on 03.10.2010 while she was in the land, at about 4.00 p.m. accused came there and told her that he had desired to enjoy her for long time and therefore he fell on the victim and committed rape on her. At that time her husband came nearby and the petitioner threatened her husband showing a knife and the accused assaulted and tore the banian of the complainant’s husband and went away. 3. Learned counsel for the petitioner submits that the medical evidence does not indicate the commission of rape and therefore petitioner be released on bail. The submission of the learned High Court Government Pleader is that the accused has committed the offence of rape on the victim and referred to the objections to say that the complainant is the victim and her husband is the eyewitness to the incident, 4. Taking note of the above submissions, and the offences alleged, grant of bail would lead to tampering of the evidence and witnesses being threatened. Therefore the petition is liable to be rejected. In the result, bail petition is rejected and trial court is directed to expedite the trial. Sd! * TUDGE Vrtp