JUDGMENT : K. SOMASHEKAR, J. 1. This is a petition filed by the petitioner-accused under Section 439 of Cr.P.C. in C.C.No.1362/2019 arose in Gangavathi Town Police Station Crime No.30/2019 for the offences punishable under Sections 417 and 376 of IPC. Since from the date of his arrest, the accused 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-accused and so also the learned HCGP for the respondent-State. 3. Factual matrix of the petition are as under: Complainant-Sooramma is working as household work. But from the last four years, she came into contact with accused, who is also from the same community. Since 2015 that she used to contact the accused with the help of mobile set conversation. The said contact in between them would take into fellin love with each other. Subsequently, the victim and also the accused started to visit various places such as, Kampli, Kamalapur, Hosapete etc. The accused who shown his inclination to marry her, but promise made by the accused would not fulfill to having marriage with the victim girl. It is further stated that the victim also agreed to marry the accused, but in the absence of the family members the accused used to visit the house of the victim and also fondled the victim though she tried to avoid such fondle in nature developed by the accused. It is further stated that the accused told that he will marry her as early as possible. The love affair developed in between them, it reached the maximum level for physical contact and on 28.06.2018, they had physical contact with each other and thereafter both of them started to have physical contact among each other. Due to physical contact of the victim with the accused, she became pregnant. Therefore, she informed to the accused to get marry her as early as possible. But the accused who made her to drink 7-Up cold drink and subsequent to consuming the same during night hours her health was upset and there was a miscarriage. The accused as well as victim were developing physical contact with each other even during night hours also. But the accused who made her to drink 7-Up cold drink and subsequent to consuming the same during night hours her health was upset and there was a miscarriage. The accused as well as victim were developing physical contact with each other even during night hours also. The victim's parents also made an enquiry with the family members of the accused relating to physical contact as developed between them and the parents also not agreed for their marriage. Thereafter, the victim approached Mahila Sahayavani Kendra relating to the affairs of the accused who make believing her to marry and having physical contact and made her to become pregnant. Ramesh being the brother of the accused who informed the community members, that he is not aware of anything about his brother and left the same to their action. When the accused did not fulfill his promise, she went to the respondent-police and filed a complaint against him. In pursuance of the complaint filed by her, the case in Crime No.30/2019 came to be registered and thereafter proceeded with the case for investigation by the Investigating Officer, who thoroughly investigated the case and laid the charge sheet against the accused. 4. Whereas, the learned counsel for the petitioner has taken me through the statements given by the victim-Sooramma and so also the averments made in the complaint filed before the respondent-police relating to initiation of the crime, but there was a love affair developed in between the accused and the victim. In her complaint and so also in her statement, it reveals that they were physical contact has been developed to their sexual satisfaction. The same has been specifically revealed in her complaint itself and so also reflected in the FIR recorded by the police. He submits that the investigation materials reveals that the victim is having love affair with the accused from the past four years and she used to roaming with accused in several places and herself used to secure the accused to her house, which revealed that there is no forcible sexual activities in between him and the victim. 5. He submits that the investigation materials reveals that the victim is having love affair with the accused from the past four years and she used to roaming with accused in several places and herself used to secure the accused to her house, which revealed that there is no forcible sexual activities in between him and the victim. 5. The second limb of the argument advanced by the learned counsel for the petitioner relating to the medical report of the victim as well as the accused, but it does not reveal that the victim was subjected to forcible sexual intercourse by the accused as she narrated in her complaint and so also reflected in the statement given by her as contemplated under Section 164 of Cr.P.C. The statement was recorded by the Addl.Civil Judge and JMFC, Gangavathi, on request made by the Investigating Officer. Even though at a cursory glance of the statement made by her as contemplated under Section 164 of Cr.P.C. and so also the letter in which given by the victim to the Mahila Sahayavani Kendra, she has not specifically disclosed that, she was subjected to forcible sexual intercourse against her will. In turn, it reveals that she herself intended to have a sexual intercourse with the accused. However, it is not the material point for the present as he filed a petition before this Court by urging various grounds. However, the Investigating Officer has laid the charge sheet against the accused and moreover the charge sheet consisting the statement of witnesses and so also the mahazar conducted by the Investigating Officer as where the accused required to facing of a trial for the alleged offences. He submits that the accused is in judicial custody since from the date of his arrest and moreover the victim is aged about 27 years. However, she has become pregnant due to physical contact, but at this stage in cannot be a material for consideration of the bail petition as where the accused is required to facing of a trial before the Trial Court as where the charge sheet is laid against the accused. The Investigating Officer has laid the charge sheet against the accused, it consists several statements of witnesses, some of them are the family members of the victim and moreover the accused do not require to the investigating agency for the purpose of investigation. 6. The Investigating Officer has laid the charge sheet against the accused, it consists several statements of witnesses, some of them are the family members of the victim and moreover the accused do not require to the investigating agency for the purpose of investigation. 6. Lastly, the learned counsel for the petitioner submitted that the petitioner is the innocent person and if he is supposed to be kept behind the bar for a longer period, then the family members of the petitioner would loose their bread winner to eke out their life. The accused is ready to abide by any terms and conditions that would be imposed by this Court while granting bail to him. These are all the contentions taken by the learned counsel for the petitioner and seeking for bail. 7. Per contra, learned HCGP for the State taken me through the statements recorded by the Court of the Addl.Civil Judge and JMFC, Gangavathi in Crl.Misc.No.475/2019 relating to Gangavathi Town P.S. Crime No.30/2019. She has given a statement before the Judicial Magistrate First Class by narrating how the love affair was took in between her and the accused and so also frequently having physical contact, the accused going to the house of the victim and also having physical contact with her. These are all the materials which revealed in her statement as well as in the FIR recorded by the police. He submits that during investigation, the Investigating Officer has recorded the statement of Devaraj, Muttanna, Bhagyavant and Suresh. They have stated consistently in their statements that the accused and Sooramma were loving to each other and since fifteen days the accused made an inducement to the victim saying that he will marry her and on that ground having physical contact with her. Due to physical contact, she became pregnant. He further submits that the victim who approached Mahila Sahayavani Kendra relating to physical contact in between her and the accused, the victim who made an attempt to take her life by hanging in her house. Subsequently, the physical contact and so also love affair developed in between them was brought to the notice of Ramesh, who is no other than the brother of the accused. The panchayath was also constituted, but the same was went in vain as where the accused did not agree to marry the victim. Subsequently, the physical contact and so also love affair developed in between them was brought to the notice of Ramesh, who is no other than the brother of the accused. The panchayath was also constituted, but the same was went in vain as where the accused did not agree to marry the victim. These are all the materials which collected by the Investigating Officer during the course of investigation and also recording the statement of witnesses that itself indicates that there are prima facie materials against the accused to committing the alleged offences. He submits that the accused has committed serious offence by cheating the victim and having physical contact and made her to become pregnant. Therefore, learned HCGP submitted that if the accused is supposed to be released on bail, certainly there shall be an adverse impact on the society. These are all the contentions taken by the learned HCGP for the State and seeking for dismissal of the bail petition. 8. It is in this context of the contentions taken by the learned counsel for the petitioner and so also counter made by the learned HCGP for the State, it is relevant to refer that since 2015 till the allegation made in the complaint and also approaching to the respondent-police in order to filing of a complaint against the accused, that the victim as well as accused were loving to each other and also they were roaming in several places such as Kampli, Kamalapur, Hosapete etc., in a motorbike. The accused had physical contact with victim saying that he will marry her. For that reason, the victim was extending her physical contact with him. It is seen in the statement given by her as contemplated under Section 164 of Cr.P.C. and so also in a complaint filed by her before the respondent-police. The accused who had gone to the house of the victim and also having sexual intercourse. It is in the knowledge of her mother and also her brother, no steps have been taken immediately. The panchayath was also constituted, but the same was went in vain as where the accused did not agree to marry the victim. When the accused has disclosed before the victim that he would not like to marry her, then only the complaint was filed by her. The panchayath was also constituted, but the same was went in vain as where the accused did not agree to marry the victim. When the accused has disclosed before the victim that he would not like to marry her, then only the complaint was filed by her. The victim went to Mahila Sahayavani Kendra situated in Gangavathi and narrated all these activities in between her and the accused. 9. It is relevant to refer the statement of Sooramma who is the complainant. The said statement was given by her on 22.06.2019. The contents of the statement are reiterated the averments made in the complaint as well as the statement recorded by the Addl.Civil Judge and JMFC, Gangavathi under Section 164 of Cr.P.C. One Laxmana being an eyewitness cited in the charge sheet, his statement was recorded on 18.02.2019 and another statement of this Laxmana was recorded by the Investigating Officer on 22.06.2019. Smt.Huligemma who is none other than the mother of the victim, she has given her statement on 18.02.2019 before the Investigating Officer. Devaraj has given a statement before the Police Inspector on 18.02.2019, but these witnesses have been cited as eyewitnesses in the charge sheet laid by the Investigating Officer against the accused relating to the accused who is alleged to have frequently went to the house of the victim and so also they roaming with each other in a motorbike and also developed love affair, but declined to marry her. 10. At a cursory glance of the statement of these witnesses and also totality of the circumstances narrated in her complaint and so also statement given by her as under Section 164 of Cr.P.C., it reveals that the Investigating Officer has recorded the statement and so also secured the material documents including the medical report, that it is enough material to laying the charge sheet against the accused and moreover the accused is required to facing of a trial, but the entire materials reveal that there was a love affair in between the victim and the accused. It would taken into having physical contact to each other and so also it reveal that due to physical satisfaction in between them, he had sexual intercourse with the victim as alleged. It would taken into having physical contact to each other and so also it reveal that due to physical satisfaction in between them, he had sexual intercourse with the victim as alleged. Therefore, it is said that the materials in which secured by the Investigating Officer, it is enough material to laying the charge sheet against the accused for the aforesaid offences, but it cannot be said that it is enough material to decline the relief of bail as sought for by the accused. Therefore, it is said that there are substances in the contention of the learned counsel for the accused to seeking the relief of bail. 11. It is relevant to refer that the accused who is in judicial custody since from the date of his arrest. Therefore, at this stage, it is said that it does not require any detail discussion while considering the bail petition filed by the petitioner, as there are substances in the contention of the learned counsel for the petitioner accused seeking for the relief of bail. 12. 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 Court of the Principal Civil Judge and JMFC, Gangavathi in C.C. No.1362/2019 relating to Gangavathi Town P.S. Crime No.30/2019 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 first week on Sunday as per the English monthly calendar before the concerned SHO in between 10:00 a.m. and 05:00 p.m. 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.