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“Complainant 27 years old, relationship prima facie consensual:” Karnataka High Court grants bail to rape accused

Regarding the allegations that the appellant refused to marry the victim on account of her caste after which she attempted to take her own life, the Court observed that if the incident were true, it was not understandable why she waited for nearly 2 months before approaching the police.

It may have been the case that she approached the police only when she realized that the appellant had made a complaint against her to Vanitha Sahayavani.

The Court in disposing of the petition, stated:

… it is not difficult to arrive at a conclusion that the appellant has been able to make out a case for grant of bail. The Special Court ought to have considered these aspects of the matter at the time of deciding the application for bail. It appears that very routinely the Court below has come to conclusion for denying the appellant’s application for bail.

The man was released on a bail bond of two lakh rupees, and told not to threaten witnesses, tamper with evidence, or influence the woman. He was ordered to appear before the trial court as and when required and not commit any other criminal offence.

[Read order]

Source: Barandbench

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