BHIMESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under section 439 of Code of Criminal Procedure seeking grant of bail in respect of Spl (P) Case No.310/2020 pending on the file of I Addl. Sessions Judge, Raichur for the offences punishable under Sections 376 & 506 of Indian Penal Code, Section 4 of Protection of Children from Sexual Offices Act, & Secs. 3(1) (r) (s) (w), (i) 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocity's) Act.

(2.) It is the case of the prosecution that, on 17-04-2020 at about 10.00 a.m., near the house of the accused at Kallur village, the complainant-prosecutrix i.e., victim girl aged about 15 years and her sister Monika who is aged about seven years went near the house of accused to bring cow-dung, when they were fetching the cow-dung, at that time, accused came there and he gagged the mouth of the victim girl with the towel which was on her chest. It was about 10.30 a.m., he took the victim to adjacent haystack and made her to fall on the surface and pulled her lunga towards upper side and forcibly committed sexual assault and rape on the victim girl without her consent and wish, though she tried to escape, the accused did not leave her. The younger sister of the victim girl ran away after seeing this to call her family members. Thereafter words the accused threatened the victim girl stating that, he will not leave her if she informed about this to anybody. Then the said girl Monica brought her family members, victim girl informed them about the incident. In this regard after discussion in the family, they lodged complaint before the police on 19-04-2020 at about 8.30 p.m.

(3.) The petitioner/accused was arrested on 20- 04-2020, since then he is in judicial custody. His bail application came to be rejected by the learned Sessions Judge, Raichur in Cril. Misc. No.38/2020 on 06-06-2020. Aggrieved by the same, the petitioner/accused has filed this petition on the following grounds: