IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 26th DAY OF JULY, 201 1 BEFORE THE HON’BLE MR.JUSTICE B.V.PINTO CRIMINAL PETITIONN 1O8J2O11 BETWEEN: Basanagouda S/o. Shivanagouda Holivappanavar Age: 38 years, 0cc: Coolie R/o. Nellikoppa. Tq: Bvadgi Dist. Haven PETITIONER (By Sri, Jagadish Patil, Adv.) AND: The State of Karnataka Through Kaginele Police Station Rep. by S.P.P High Court of Karnataka Circuit Bench, Dharwad RESPONDENT (By Sri. Anand K. Navalgimath. HCGP) This criminal petition is filed under Section 439 of CR.P.C seeking that. the petitioner he enlarged on bail in connection with Kaginele P.S.Cnime No.23/2011 in respect of accused for the offences p/u/s. 365, 366(A). 376 of IPC. -2- This criminal petition coming on for orders this da, the Court made the following: - ORDER This petition is filed seeking bail in Crime No.23/2011 of Kaginele Police Station registered on 02.04.2011 for the offences punishable under Sections 365, 366(A), 376 of IPC. 2. It is the case of the complainant, who is the mother of the victim that the petitioner had taken the victim for coolie work and after taking her for coolie work, he has made her to stay in his house along with his wife. It is the case of the prosecution that after some time, the petitioner had taken the victim to other place in Kummur village and thereafter, he has carried her to Bangalore and committed rape on her. The victim has been traced and she has been subjected to medical examination and prima fade it is established that the victim has been subjected to sexual intercourse. The prosecution has examined the wife of -3- the accused who has stated that the victim was brought to the house for attending to agricultural work for about three days. It is the case of the mother of the victim that the victim is aged 16 years and that under the circumstances, an offence under Section 366 IPC along with Section 376 of PC is attracted. 3. In view of the fact that there is prima fade case and also that the accused is already a married person who has lured an innocent girl to come along with him and later on subjected her to forcible sexual intercourse, I am of the opinion that the petitioner is not entitled for bail. Accordingly, the petition is dismissed. JUDGE gab