Nishka Srinivas Veluvali
Published On: January 31, 2022 at 17:44 IST
The Karnataka High Court ruled that the Accused being the Government Employee is not the reason for awarding Bail for such a heinous Crime like Rape.
Single Judge Justice HP Sandesh was considering the Bail Plea of a man employed as Assistant Executive Engineer at Karnataka Electricity Corporation Limited (KPTCL), who was convicted on the Charges of Rape and threatening a young woman as well.
The Court quashed his Bail Plea on the basis of the statement recorded by the Victim that she was subjected to Sexual Acts without her consent and was even threatened by the Accused.
The medical Evidences submitted to the Court also endorsed the fact that she was subjected to forceful Sexual acts.
The Court stated, “When such being the material available on record, the fact that petitioner is a Government employee is not a ground to enlarge him on bail, where serious Offence of rape has been alleged against the petitioner. Prima facie, the medical evidence as well as the statement disclose the fact that the victim was subjected to sexual act”.
The Accused in the Case was filed under the Charges of punishable Offences as per Section 376 (Rape), 420 (Cheating) and 506 (Criminal Intimidation) of the Indian penal Code (IPC).
It was reported that the Accused had taken the Victim to his house for home stay for food and sexually assaulted her there even though she was engaged to someone else.
After committing the crime, he promised the Victim to marry her and if she disclosed this incident to anyone, he would kill her.
The Accused’s Counsel argued that the Accused is the employee of the KTPCL as Assistant Executive Engineer and is been framed in the False Charges.
The complaint was filed after one and a half months after the incident took place.
It also stated that the Victim is 23 years and the Accused is 25 years old and is been held in the Judicial Custody since November 2021, which is affecting his career in a negative aspect.
However, this contention was argued by the State counsel, Advocate Krishna Kumar, who sought the Court reject the Accused – Petitioner Bail Plea and highlighted the statements recorded by the Victim and the medical evidences submitted to the Court.
The High Court noted the medical reports and the doctor who examined the victim also informed the Court that she was subjected to forceful Sexual Act.
Thus, recording all evidences and submissions the Court rejected the Bail Plea.