Judgment :- 1. This petition is filed under Section 439 of the Criminal procedure Code, 1973 requesting for grant of bail for having been arrested for the offence under Section 366, 376 and 506 of the Indian Penal Code, 1860. 2. The facts relevant for the purpose of this petition are as under. The prosecutrix is the complainant, aged about 22 years and it is on 14-5-2009 that she filed the complaint to the police. She states that on 14-5-2009 at about 11.00 a.m. she went to the college and at 3.00 p.m., while she was returning through Balabharathi Playground at Bhadravathi, the petitioner who was an auto driver came with auto asked her to accompany him. She refused and at that time, the petitioner said to have held her and forcibly put her into the plastic bag. He closed her mouth and threatened to kill her in case if she cries. She was taken in the autorickshaw and thereafter stopped the same and after opening the bag, she was found that she was in the house of the petitioner. He forcibly removed her clothes and after giving threat to kill her, he closed her mouth and forcibly had sexual intercourse with her Again, he threatened her to kill and put her in the plastic bag and again took her in the autorickshaw, brought her to a place and when he stopped the autorickshaw, the relatives and friends of the prosecutrix were found, who stopped the autourickshaw and after opening the bag, they removed her and thereafter she filed the complaint to the police for the above said offence. 3. Petitioner submits that he is innocent and he has not committed any crime, muchless, the one which has been alleged. He also claims that the allegations in the complaint are improbable and impracticable and the said incident could not happen in the Town of Bhadravathi and it is also his contention that she was aged about 22 years at the time of incident. Furthermore, it is submitted that there are no external injuries as seen by the Injury Certificate issued by the Doctor and there was no evidence of sexual intercourse and even the FSL report does not reveal any incriminating circumstances against the petitioner. He submits that he is an innocent person and has been implicated in the crime. 4. Furthermore, it is submitted that there are no external injuries as seen by the Injury Certificate issued by the Doctor and there was no evidence of sexual intercourse and even the FSL report does not reveal any incriminating circumstances against the petitioner. He submits that he is an innocent person and has been implicated in the crime. 4. The petitioner also submits that he is ready; to abide by any conditions that may be imposed by the Court and he has been in custody for the last seven months. On this ground, he has sought for grant of bail. 5. The learned Government Pleader has opposed the application. 6. I have heard the learned Counsel for the petitioner and also the Government Pleader. 7. Prima facie, allegations in the complaint appear to be peculiar and when the incident said to have been taken place in the Town limits of Bhadravathi and when the Prosecutrix was aged about 22 years at the time of the incident, it appears to be improbable that the petitioner could have put her in a plastic bag and shifted her in an authorickshaw and after taking her to his house, forcibly had sexual intercourse and again put her in a plastic bag and left her near the house of the prosecutrix. Furthermore, the Doctor’s Certificate reveal that she was used to sexual intercourse. There was no incriminating circumstance in the FSL report. There were no external injuries and the Doctor has also certified that there was no evidence of recent sexual intercourse. According to the allegations in the complaint, the incident took place at 3.00 p.m. and she was examined in the evening hours. So taking into consideration all these circumstances, I am of the opinion that the petitioner has made out just and sufficient grounds for the bail he has sought for. So far securing the presence of the petitioner for the trial is concerned, conditions may be imposed. Hence, I proceed to pass the following. ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with two solvent sureties to the like sum to the satisfaction of the Court below subject to the following conditions. Hence, I proceed to pass the following. ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with two solvent sureties to the like sum to the satisfaction of the Court below subject to the following conditions. (a) The petitioner shall attend the Court regularly till the conclusion of the trial; (b) The petitioner shall not cause threat, force or coerce the prosecution witnesses.