SUMIT ARJUNSINGH RAJPUT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking bail in Crime No.43/2020 of Athani Police Station registered for the offence punishable under Sections 376(g) , 376 , 392 , 109 , 342 , 354 , 323 , 504 , 506 r/w 34 IPC and Section 3(1)(r) 3(1)(s), 3(1)(w)(ii), 3(1)(w)(i), 3(2)(va), 3(2)(v) of SC/ST POA Act and Section 4, 6, 12 and 17 of POCSO Act.

(2.) The case of the prosecution is that on 07.02.2020 at 21.30 hours victim girl filed a written complaint with Athani Police and it is registered in Crime NO.43/2020 for the offences punishable under Section 376(g) , 376 , 392 , 109 , 342 , 354 , 323 , 504 , 506 r/w 34 IPC and Section 3(1)(r) 3(1)(s), 3(1)(w)(ii), 3(1)(w)(i), 3(2)(va), 3(2)(v) of SC/ST POA Act and Section 4, 6, 12 and 17 of POCSO Act. In the complaint, it is alleged that she is residing in KEB Maddi with her grand mother and she has lost her parents long ago. Through her sister Sheela Abhijeet Metri she came to know Surekha Mareppa Bevanur and through Surekha-accused No.2 she came to know accused No.3 Shabana @ Shabbu Managuli. They had assured victim girl of getting a good job. About 5 to 6 days prior to complaint at about 7 O'clock in the evening Surekha Bevanur called her on her mobile NO.9606741803 from 7624989370 and asked her to come behind Shankaratti Hospital for one good job. The complainant went there at about 7.30 p.m. and at that time accused No.2-Surekha Bevanur, Accused No.3-Shabana Managuli and Accused No.1-Sumit Rajapur were present. When the complainant entered their house she was asked to go to another room and one unknown person was in that room and these three people locked the door from outside. The unknown person committed rape on her. When she shouted these people asked her to keep quite by using vulgar words and asked her to obey that unknown person. After rape she came out and these people told her that this is a good job. The complainant told them that she will give complaint to the Police and for which all the four threatened her with dire consequences and told her that she should come whenever they call her. Next day that is on 03.02.2020 in the evening at about 7 O'clock she was returning home near Athani Tank. At that time accused No.1-Sumit Rajapur- petitioner herein, accused No.2-Surekha Bevanur and accused No.3-Shabhana Managuli told her to accompany them to Vishalghad for which she refused. They abused her, also assaulted her, she ran away and on 05.02.2020 she took treatment in Bakkannavar Hospital. On 06.02.2020 in the evening at 6.30 when she was working in Cushion shop behind Manjushree Hotel, accused No.1- Sumit Rajaput, Accused No.2-Surekha Bevanur and Accused No.3Shabhana Managuli came there and asked the complainant to come to their house for which the complainant refused. They immediately began assaulting her and at that time the owner Shanmukh Irappa Metri came to pacify them, they in turn assaulted him also and took away Samsung Mobile from him and threatened him. As they had threatened her with dire consequences there is a delay in filing the complaint. The said complaint was registered in Athani Police Station Crime No.43/2020 for the offences punishable under Sections 376(g) , 376 , 392 , 109 , 342 , 354 , 323 , 504 , 506 r/w 34 IPC and Sections 3(1)(r) 3(1)(s), 3(1)(w)(i), 3(i)(w)(ii), 3(2)(va)of SC/ST POA Act and Sections 4, 6, 8, 12 and 17 of POCSO Act,2012. Now the case is pending before III Addl. District and Sessions Court, Belagavi in SC No.139/2020. Petitioner-accused No.1 has filed bail application in Crl.Misc.No.902/2020 before III Addl. District and Session Judge and the same came to be rejected by order dated 20.07.2020. Hence, the petitioner-accused No.1 is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused and learned HCGP for respondent-State.