No Accused can be granted Bail just because he is a Govt. Servant, Read HC Order

  

The Karnataka High Court has said in a recent order that being a Government Employee is no ground to grant bail to an accused alleged of committing serious offence of rape.

The single-judge bench of Justice H P Sandesh in view of the above dismissed the petition filed under Section 439 of Cr.P.C.

The petitioner who is a Govt Employee was charged for the offence punishable under Sections 376C, 420 and 506 of IPC.

The factual matrix of the case is that this petitioner took the victim girl to a room to have food and subjected her for sexual act as against her wish, even though her marriage was already engaged withsome other person. After committing the said act, he promised that he would marry her and not to disclose the sarrie to anysne and if she disclose the same to family members, he 'will take away 
her life.

Learned Counsel for the petitioner vehemently contend that the petitioner is trapped in a false case since, he is a Gcvernment Employee and mentioned that there is a delay of  one and half months in lodging the complaint.   

On the other hand, Learned High Court Government Pleader for the respondent-State would submit that, in 164 statement, the victim girl has categorically stated before the Magistrate that she was 
subjected to sexual act forcibly and also caused life threat. It was also submitted that employees of Home stay confirm petitioner bringing the victim girl to room and medical examination proves she was subjected to sexual act.

 

Relying on the above, the Court ruled that there is prima facie a case made out and no exception can be carved for the petitioner just because he is a Govt Employee.

The bail was thus denied.

 

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(With input from news agency language)

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