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UNBECOMING OF AN INDIAN WOMAN: KARNATAKA HIGH COURT WHILE GRANTING BAIL TO RAPE ACCUSED.

It was observed in the order that unbecoming of the victim to have fallen asleep after being ravished.

He was employed by the complainant from past two years. It was alleged that accused had sexual relations with the complainant on the false pretext of marriage. The incident on the night when the accused went into complainant’s car and went to her office , where she was allegedly raped.

The Accused was charged under Section 376,420 and 506 of IPC.

The Grant of Bail was opposed and the government even said that the offences are serious in nature and there is sufficient material to accept it an offence.

It was even alleged that if Anticipatory bail is granted to the accused, then it would be quite difficult to secure his presence for trial. 

It was said that single judge bench held that the serious nature of the crime also cannot be a criteria to deny liberty to a citizen especially when there is no prima facie.

They inclined to grant anticipatory bails on this reasons:

1.The victim had not raised alarms when the accused got into car.

2. The victim voluntarily had alcohol with the accused.

3. The failure of the victim to lodge a complaint at the “earliest point”.

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