TOUSIF ISMAIL TIGADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.131/2020 of Bailhongal Police Station registered for the offence punishable under Section 376(2)(n) of IPC and Section 4 and 6 of POCSO Act.

(2.) The case of the prosecution is that on 24.06.2020 at 9 p.m. one Laxmi Shantappa Yadalli has filed the complaint alleging that she is residing with her daughter victim girl aged about 17 years 9 months and with other family members. It is further alleged that complainant's husband died six months ago and her daughter-victim girl has completed her PUC course. It is further alleged that in the month of March her relative Shrishail Shankareppa Yadalli came to her house and told that her daughter is talking on phone with petitioner and also wandering with the petitioner and asked her to advise her daughter. The complainant enquired her daughter-victim girl and she told that on 11.08.2018 afternoon at 12.30 when she was in the college area at that time petitioner came to her and told her that he is in love with her and he wants to marry her and also he gave one mobile sim No.8105427081 and asked her to insert that sim in her mobile and he used to talk with her by the phone numbers 8088954146 and 9964326347 and also told her not to tell about their affair to anybody and victim girl has not told this to anybody. It is further alleged that after two months petitioner met victim girl and told her that he is now residing at Dharwad and attending KAS coaching class at Gurudev Institute. It is further alleged that in the month of January-2019 petitioner came to Bailhongal from Dharwad and called victim girl and asked her to accompany him to Belagavi and took her on his motor-bike and both went on the motor-bike to Belagavi and in Belagavi he booked a lodge and there he started touching her and at that time victim girl told him that still she has not completed 18 years and after marriage it is all there and asked him not to do it now but inspite of that he had forcible intercourse with her and told her not to tell the same to anybody and promised to marry her. It is further alleged that on the same day, the petitioner and victim girl came back to Bailhongal and left her there. It is further alleged that after that about four months the petitioner was talking with victim girl by phone. Further it is alleged that in the month of June- 2019 the petitioner called victim girl by his phone and caller her to Dharwad and at that time she had told that they shall not have physical relation till their marriage and at that time he told her that any how they are getting married in the future and believing on his words victim girl went with the petitioner to Dharwad in a bus and there they went near NTTF and there he booked a lodge and started touching her inspite of her denial he had intercourse with her and told her not to tell this fact to anybody. It is further alleged that he stayed at Dharwad and sent her to Bailhongal by bus. It is further alleged that on 04.04.2020 the complainant's brother-in-law went to the house of the petitioner and told him that their girl is minor and further asked him to stop having love affair with her and thereafter the petitioner threatened her saying as she has sent her uncle to his house he is not going to leave her. It is further alleged that one month prior to filing of this complaint, complainant's brother-in-law came to her house and snatched the mobile of victim girl and removed the sim and thrown and told her not to keep phone. It is further alleged that 15 days prior to filing of this complaint, the complainant went along with her daughter to Mahila Santvan Kendra and narrated all the facts and at that time they told that they will call him and directed the complainant to file Police complaint against the petitioner. The victim girl appeared PUC English paper on 18.06.2020 and after that she enquired with her relatives and therefore there was a delay in filing the complaint. It is further alleged that her daughter is 17 years 9 months old and the petitioner since last two years by making her believer that he is in love with her and also promising to marry her, has taken her to a lodge at Belagavi and Dharwad and despite knowing that she is minor had forcible intercourse. The complaint came to be filed on 24.06.2020. Bailhongal Police took up the investigation and petitioner came to be arrested on 05.07.2020. The petitioner approached III Addl. District and Sessions Judge and Special Judge (POCSO) Belagavi seeking bail but the same came to be rejected. Therefore, the petitioner is before this Court seeking bail.

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