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Home»Columns»Being a government Employee is no ground to bail for accused in serious offences like rape

Being a government Employee is no ground to bail for accused in serious offences like rape

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By Tanushree Chakraborty on February 2, 2022 Columns, Current News, Stories, Top Stories
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In a recent order, the Karnataka High Court stated that being a government employee is completely inadequate ground for granting bail to an accused of committing a serious rape offence. A bail petition filed by an assistant executive engineer of Karnataka Power Transmission Corporation Limited (KPTCL) in a case of the alleged rape was denied by the high court.

In light of these observations, Justice HP Sandesh’s single-judge bench dismissed the petition filed under Section 439 of the Cr.P.C.

The petitioner, a government employee, was charged with violating Sections 376C, 420, and 506 of the Indian Penal Code. The petitioner claimed that he was the subject of a fraudulent case.

He also claimed that the alleged incident occurred on September 14, 2021, and the complaint was filed on November 3, 2021. The petitioner’s attorney stated that his client has been in custody since November 14, 2021, and that his continued detention will have a negative impact on his career.

The state government’s high court lawyer argued that the victim had given a statement to the magistrate under section 164 of the CrPC. She has categorically stated that she was subjected to a sexual act in this statement, and the accused has also threatened her life. The court noted that the victim stated in her statement that her marriage was fixed with someone else and that as a result, the accused promised to marry her after the incident. The court dismissed the petition after reviewing the medical evidence as well as the opinion given by the doctor and other factors.

The court dismissed the petition after reviewing the medical evidence and the doctor’s opinion. “When such material is available on record, the fact that petitioner is a government employee is not a ground to enlarge him on bail,” the court said.
As a result, bail was denied.

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