ORDER : This criminal petition is filed by the petitioner-accused under Section 439 of Cr.P.C. in Yelburga P.S. Crime No.34/2019 for alleging an offence punishable under Section 363, 376, 504, 506 of IPC. Since from the date of his arrest, the petitioner is in judicial custody. Therefore, learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail among the grounds urged therein. 2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent – State, in addition learned counsel namely, Anwar Basha, who represented for the complainant. Perused the materials available on record. 3. It is stated in the complaint that Smt.Sridevi wife of Srikanth Kadadi being resident of Shiragumpi village, Yelburga Taluk, who had filed a complaint before the respondent-police alleging that the petitioner said to be accused and the complainant are living separately since three years back, she used to reside with her parents at Shiragumpi, the complainant having one female child namely, Nayana. But in the complaint an allegation was made against the petitioner that he used to tease the victim regarding she has communicated to her mother and also that her mother had warned him. On 26.03.2019 at around 8.30 p.m., the complainant being the victim, who went for nature call and the accused had followed her in a car used by him, wherein the complainant standing nearby the road, the petitioner being an accused had closed her mouth and forcible pushed her into the car and extended life threat not to raise her voice. Subsequently, he has driven the said car on mud road at around 8.45 hours and they went in a field, wherein he committed sexual assault on the victim and threatened to her not to disclose the said fact relating to the sexual assault on her to anybody, if disclose would have face the dire consequences. These are all the allegations made against the accused before the respondent-police by filing complaint. Based upon complaint, the crime came to be registered and thereafter the Investigating Officer has taken up the investigation and laid the charge sheet against the accused in C.C.No.325/2019 arose in Crime No.34/2019 of Yelburga P.S. 4. These are all the allegations made against the accused before the respondent-police by filing complaint. Based upon complaint, the crime came to be registered and thereafter the Investigating Officer has taken up the investigation and laid the charge sheet against the accused in C.C.No.325/2019 arose in Crime No.34/2019 of Yelburga P.S. 4. It is contended by the learned counsel for the petitioner that the accused is an innocent person and he has not at all committed the alleged offence, but for filing of a complaint by the complainant, the crime came to be registered against the petitioner and thereafter proceeded with the case for investigation. It is further submits that during investigation, the Investigating Officer has recorded the statement of witnesses and so also collected material documents relating to the allegation made against him. The victim has produced before the Judicial Magistrate First Class, wherein she has given statement as contemplated under Section 164 of Cr.P.C. It is submitted that though the statement has given by her, it is contrary to the facts made in the complaint as well as the FIR said to be recorded by the police. Learned counsel for the petitioner further submits that the victim has been subjected to medical examination and the doctor has given opinion that there is no evidence of sexual intercourse on the victim. The learned counsel has placed the photographs for having subjected the petitioner-accused as well as the victim being the complainant. These photographs appear that the victim as well as the accused were roaming. The accused is in judicial custody since from the date of his arrest and as he being the source in the family and if he is put behind the bar for a longer period, the family members would put to untold hardship. The accused is ready to abide by any terms and conditions imposed by this Court while granting bail to him. Therefore, the learned counsel for the petitioner prayed to enlarge the petitioner on bail. 5. Per contra, learned HCGP for the State has taken me through the statements said to be recorded by the Judicial Magistrate First Class as contemplated under Section 164 of Cr.P.C., wherein the accused who had abducted the victim and also taken her to the field and had a sexual intercourse with her. 5. Per contra, learned HCGP for the State has taken me through the statements said to be recorded by the Judicial Magistrate First Class as contemplated under Section 164 of Cr.P.C., wherein the accused who had abducted the victim and also taken her to the field and had a sexual intercourse with her. The same has been revealed in the statements recorded by the Judicial Magistrate First Class, which is in conformity with the averments made in the complaint. It is further submits that the victim as well as accused were roaming, like anything and the same is revealed in the photographs produced by the learned counsel and in the charge sheet laid by the Investigating Officer and that itself indicates there are prima facie materials against the accused to commit the offences. All these grounds were urged by the learned HCGP for the State and sought for dismissal of the bail petition. 6. Sri Anwar Basha, learned counsel for the complainant is present and also keep present the complainant today, has taken me through the averments stated in the complaint, Investigating Officer has proceeded with the case for investigation and laid the charge sheet. The statement given by her as contemplated under Section 164 of Cr.P.C. as in conformity with the complaint allegation. It is further contended that the accused had committed sexual assault on the victim and threatened to her saying as not to disclose the fact to anybody, if disclose would have face the dire consequences. These are all the grounds urged and seeking for dismissal of the bail petition filed by this accused. 7. Having regard to these strenuous contentions taken by the learned counsel for the petitioner and counter made by the learned HCGP for the State and so also the learned counsel for the complainant, it is relevant to refer the averments made in the FIR. The complaint filed by the complainant is after lapse of one month i.e. on 27.04.2019, but the incident was taken place on 26.03.2019 at around 8.30 p.m. The victim who went for nature call, at that time the petitioner had abducted her in a car, wherein the complainant stand nearby the road, the petitioner being an accused had closed her mouth and forcibly made her to push into the car and extended life threat not to raise her voice. Subsequently, the accused himself has driven the said car on mud road at around 8.45 hours in the night and taken her to the field and had committed sexual assault on the victim and threatened to her not to disclose the fact to anybody, if disclose would have face the dire consequences. Though the victim had been produced before the Doctor relating to medical examination, the Doctor who had subjected to medical examination and given opinion that there is no evidence of recent sexual intercourse on the victim. The very counsel for the petitioner has produced the photographs of the petitioner as well as victim being the complainant, which reveals that they were even prior to the incident roaming like anything. The charge sheet has already been laid by the Investigating Officer as where the accused is required to facing of a trial. However, at this stage, it cannot be said that there are enough materials to decline the bail and it does not require any detail discussion while considering the bail petition filed by the petitioner, as there are substance in the contention of the learned counsel for the petitioner seeking for the relief of bail. 8. Whereas, the learned HCGP submits that if the petitioner is supposed to be released on bail, certainly he would come in the way of prosecution case and destroy the evidences. As this apprehension expressed by the learned HCGP could be curtailed by imposing certain suitable conditions to safeguard the interest of the prosecution. Therefore, for the aforesaid reasons and as well as the circumstances of the case, I am of the considered opinion that the petitioner deserves for bail. Accordingly, I proceed to pass the following: ORDER The petition filed by the petitioner under Section 439 of Cr.P.C. is allowed, subject to the following conditions: (i) The petitioner shall execute a bond in a sum of Rs.1,00,000/-with like sum surety to the satisfaction of the trial Court as where the case in C.C.No.325/2019 arise out of Crime No.34/2019 of Yelburga P.S. is pending. (ii) The petitioner shall not tamper or hamper the case of prosecution witnesses. (iii) The petitioner shall appear before the concerned Court on all the dates of hearing without fail. (iv) The petitioner shall not indulge with any other criminal activities henceforth. (ii) The petitioner shall not tamper or hamper the case of prosecution witnesses. (iii) The petitioner shall appear before the concerned Court on all the dates of hearing without fail. (iv) The petitioner shall not indulge with any other criminal activities henceforth. (v) The petitioner shall mark his attendance once in a month in between 10:00 a.m. and 05:00 p.m. before the concerned SHO pending disposal of the entire case. (vi) The petitioner shall not leave the jurisdiction of Koppal District without prior permission from the competent Court of law. (vii) If the petitioner violates any of the above conditions, the bail order shall automatically stands ceased.