Sri Umesh vs The State Of Karnataka
2022 Latest Caselaw 816 Kant

                                          CRL.A.No.1820/2021


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 18TH DAY OF JANUARY 2022

                        BEFORE

       THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

         CRIMINAL APPEAL NO.1820/2021

BETWEEN:

SRI.UMESH
S/O SHIVALINGAIAH
AGED ABOUT 38 YEARS
K.G.HOSAHALLI VILLAGE
KAILANCHA HOBLI
RAMANAGARA TALUK
RAMANAGARA DISTRICT - 571 511          ... APPELLANT

(BY SRI.K.A.CHANDRASHEKARA, ADV. FOR
     SRI.RAJU S, ADV.)

AND:

1.     THE STATE OF KARNATAKA
       BY THE POLICE OF
       RAMANAGARA WOMEN POLICE STATION
       RAMANAGARA DISTRICT - 571 511

       REPRESENTED BY SPP
       HIGH COURT OF KARNATAKA
       BENGALURU - 560 001

2.     SMT.LAKSHMAMMA
       D/O NARASAIAH
       AGED ABOUT 50 YEARS
       K.G.HOSALLI, KAILANCHA HOBLI
       RAMANAGARA TALUK
       RAMANAGARA DISTRICT - 571 511   ... RESPONDENTS

(BY SRI.SHANKAR H.S., HCGP FOR R1;
    R2 IS SERVED)
                                                           CRL.A.No.1820/2021


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      THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (POA) ACT PRAYING TO GRANT HIM BAIL IN
CR.NO.108/2021 OF RAMANAGARA WOMEN POLICE STATION,
RAMANAGARA AND THE ORDER DATED 30.11.2021 IN
CRL.MISC.NO.829/2021 NOW PENDING ON THE FILE OF I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376 AND
506 OF IPC AND SECTIONS 3(1)(w)(i), 3(2)(v) OF SC/ST (POA)
ACT.

     THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS
DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED
THE FOLLOWING:


                                JUDGMENT

Aggrieved by the rejection of his bail petition by the

trial Court, the accused in Crime No.108/2021 of

Ramanagara Women Police Station which is now pending

in Spl. Case No.114/2021 on the file of Principal District &

Sessions Judge, Ramanagaram has preferred the above

appeal.

2. The appellant is being prosecuted in the

aforesaid case for the offence punishable under Section

376(L) of IPC and Sections 3(1)(w)(i), 3(2)(v), of

Scheduled Caste and Scheduled Tribes (Prevention of

Atrocities) Amendment Act, 2015 ('the Act' for short) on

the basis of the complaint CW.1.

CRL.A.No.1820/2021

3. CW.1 is a deaf and dumb women. CW.1 and

appellant belonged to the same village. It is alleged that

on 02.10.2021 at about 2 p.m. the appellant in the guise

of giving drop to her took her on his motorcycle. It is

alleged that on the way, near Channamanahalli bridge

appellant committed rape on her then dropped her in bus

stand.

4. The major offence alleged against the accused

is punishable with imprisonment for not less than ten years

which may extend up to life imprisonment. It is contended

that the appellant is implicated due to some civil dispute.

The alleged civil dispute was not between the appellant

and victim or appellant and victim's family.

5. The statement of the victim is recorded under

Section 164 of Cr.PC by the learned Magistrate. On the

very next day of the incident, the victim was medically

examined. The medical examination report and victim's

statement under Section 164 of Cr.P.C., implicate the

appellant.

CRL.A.No.1820/2021

6. Having regard to the material on record and

the gravity of offence this is not a fit case to grant the bail.

Therefore, the trial Court rightly rejected the same. There

are no grounds to interfere with the order of the trial

Court. Therefore the appeal is dismissed.

Sd/-

JUDGE PKN