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2013 DIGILAW 440 (KAR)

Mallappa @ Mallikarjun, Bagalkot District v. State of Karnataka, rep. by SPP.

2013-04-03

L.NARAYANA SWAMY

body2013
Judgment :- 1. On the basis of a complaint made by the victim herself, a case was registered in Cr.No.6/2013 on the file of the Addl. JMFC, Hunagund, for the offences punishable under Section 376 and 506 of Indian Penal Code. 2. Learned counsel for the petitioner seeks to enlarge the petitioner on bail on the ground that the complaint has been lodged after a lapse of three months from the date of the incident and that the complaint is an after -thought to falsely implicate the petitioner. It is his case that both the petitioner and the complainant have been subjected to the medical examination and the doctor has issued the certificate to the effect that no such incident is taken place. 3. Learned High Court Government Pleader submits that the delay in filing the complaint is not a ground to seek for grant of bail, as delay has occurred due to social status of the victim. 4. I have heard the learned counsel appearing for both the parties. 5. It is seen from the records that the victim has lodged the complaint after a lapse of three months. In view of the certificate issued by the doctor to the effect that there was no forceful sexual intercourse between the petitioner and the complainant and having regard to the fact the petitioner has got married recently, I deem it fit to grant bail to the petitioner. 6. Therefore, the petition is allowed. The petitioner shall be enlarged on bail, subject to the following conditions: i. The petitioner shall furnish self bond for a sum of Rs.25,000/-, with two solvent sureties for the like sum to the satisfaction of the Trial Court. ii. The petitioner shall not leave the jurisdiction of the Court below without the leave of the Court. iii. The petitioner shall cooperate in the investigation of the offence. iv. The petitioner shall not, in any manner seek to tamper with the prosecution evidence.