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Judgment
B.V. Pinto, J.—This petition is filed seeking bail in Crime No. 150/2013 of Wadi police station, registered on 10.10.2013, for the offences under Sections 506 and 376 of IPC.
It is the case of the victim that she is a married woman and that she left her husband due to ill treatment given to her and therefore she has been living in her mother's house in Sannathi village. It is stated that on 5.10.2013 at about 1.00 p.m. the victim was going near the stream to wash the clothes and at that time the petitioner is alleged to have come behind her and held her hand and thereafter dragged her inside his house and after closing the door of the room committed sexual intercourse with her. Thereafter he threatened her with death, if she were to inform the incident to any person. At that time somebody came near the house and started tapping the door. The accused left and came out of the house. The parents of the victim were in front of the door. Thereafter a case has been registered on a complaint given on 10.10.2013.
Sri Chaitanya Kumar Chandriki, learned counsel for the petitioner submits that there is an inordinate delay in filing the complaint and that medical evidence is negative so far as the victim is concerned. Hence, he submits that the application for bail may be allowed.
Sri Sanjay A. Patil, learned Addl. SPP opposes the bail application.
The petitioner is in custody, investigation has been completed and charge sheet is filed. The medical evidence in so far as the victim indicates that there are no external injuries, there is no evidence of recent sexual intercourse on the person of the victim. There is a delay of five days in filing the complaint. Under the circumstances, I am of the opinion that the petitioner may be granted bail. Hence, the following order is passed:
ORDER
(i) The petition is allowed.
(ii) The petitioner is directed to be released on bail in Crime No. 150/2013 of Wadi Police Station, Dist: Gulbarga, on his executing personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court/learned Magistrate.
(iii) The petitioner shall not interfere with the victim or her parents during the pendency of the case.