NAGALINGAPPA Vs. STATE OF KARNAATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.68/2019 of Bevoor Police Station registered for the offence punishable under 448, 450, 376, 506, 201 IPC and Sections 4 & 6 of POCSO Act, 2012.

(2.) The case of the prosecution in brief is that on 20.06.2019, victim has filed the written complaint before the Bevoor Police. On the basis of which the case was registered against the petitioner-accused for the aforesaid offences. The complainant has stated that she came in contact with petitioner during the Dasara festival prior to the date of filing complaint and thereafter petitioner started to talk with her. On 14.10.2017 at 3 p.m. the petitioner-accused came to her house and told her that he intended to marry her and had sexual intercourse with her against her will. After the alleged incident the petitioner used to threaten her and forced her not to tell about this incident to anyone. Thereafter, whenever the petitioner gets the opportunity he used to talk with her and had sexual intercourse with her for 3-4 time at his house and at his photo studio. After one year of this incident complainant consumed the poison and at that time she informed these incidents to her family members thereafter her family members called the petitioner-accused and advised him and at that time petitioner told that he is intended to marry her after she attained the majority. It is further alleged that in the year 2019 evening the petitioner took the complainant to the Kustagi and took her to lodge and had sexual intercourse with her. Thereafter lastly on 07.04.2019 he had forcible sexual intercourse with her at victim's house. She further stated that she is pregnant by five months and when she asked him to marry, he refused to marry her. Therefore, she had filed the said complaint. The petitioner was arrested on 21.06.2019. After investigation, the Police have filed the charge sheet. The petitioner earlier filed the bail application before this Court in Crl.P.No.101977/2019 and the same was rejected on 27.11.2019. The petitioner is now seeking bail on new ground.

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