MOHAMMED RAFIQ SAIKALGAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos. 2,4,5,7 and 8 under Section 438 of Cr.P.C. seeking bail in Crime No.88/2019 of Rattihalli Police Station registered for the offence punishable under Sections 376(2)(n), 312, 313, 506, 109 OF IPC and charge sheeted for the offence punishable under Sections 354(D), 420, 376(2)(n), 312, 313, 506, 109, 120(B) OF IPC.

(2.) It is the case of the prosecution that, victim girl has filed a complaint against the petitioners and others alleging that, she is residing with her father in the above said address and her brothers are engaged in doing coolie works and she has completed her graduation in Arts (B.A). It is further alleged that, in the year 2017 when she was in 2nd year of her B.A., accused No.1 befriended with her and used to follow her and tease her, for which, the complainant had allegedly objected. Subsequently, the said accused No.1 started to say to her that he was in love with her and wanted to marry her. Though, the complainant requested him not to do so since her father would stop her from going to college if this fact comes to his knowledge. Accused No.1 did not listen to her and continued to persuade her. It is further alleged that, on 02.05.2018 at around 1.00p.m. in the afternoon, accused No.1 told the complainant that it was his birthday and as such asked her to come to his home and when the complainant showed reluctance, accused No.1 allegedly told her that he would spoil her name in the society if she did not come. When the complainant went to the house of accused No.1, she noticed that there were neither any arrangements for birthday celebration nor was there any birthday. When the complainant tried to return from there, accused No.1 allegedly held her and committed forced sexual intercourse with her and also told her not to tell about it to anyone or else he would commit suicide by writing her name in the suicide note. It is further alleged that, likewise, accused No.1 used to commit such forced sexual intercourse with her every now and then by threatening her. It is further alleged that, on 07.03.2019 when the complainant was returning from her computer class, accused No.1 met her near the State Bank and again took her to his home and committed forcible sexual intercourse. If is further alleged that, the complainant missed her menstrual periods, she informed the said fact to accused No.1 and told him to marry her. Accused No.1 allegedly told her that they could first take up a check up and get it confirmed before proceeding further. Likewise, when the complainant and accused No.1 consulted the doctor, the doctor suggested that there are chances of her pregnancy and as such advised them to get the scanning done. When the complainant and accused No.1 both went to the scan centre, it was confirmed that, the complainant was pregnant by 6 weeks, 6 days. Accused No.1 by allegedly stating that since they were married only 3 months back and did not want children so early, allegedly got the said pregnancy aborted. It is further alleged that, on 11.05.2019 the said accused No.1 again took the complainant for scanning and came to know that the pregnancy was not yet aborted. As such he again got medications for her in order to get her pregnancy aborted and told the complainant to not to inform anyone regarding the said fact. It is further alleged that, accused No.1 assured the complainant that he would speak to his family members and get the date of their marriage fixed and left her at her home. It is further alleged that, accused No.1 later neither contacted the complainant in person or over phone. When the complainant himself called him up and enquired, he told her that he had come to Goa for work and assured her that he would come back after Ramzan and marry her. Though the complainant waited for accused No.1, he did not come on Ramzan. When the complainant again called him up and enquired with him, accused No.1 allegedly told her that he had done the same thing to many girls and she was one of them and told her that if she made the said issue public it would only tarnish her image as well as the image of her family and as such threatening the complainant with her life accused No.1 disconnected the call. It is further alleged that, the complainant scared of the said incident, the complainant informed the happenings to her parents for which the father of complainant spoke with the elders of the community who tried to initiate talks with the family members of accused No.1 for which the family members have allegedly not co-operated. They have told the members of the community to accused No.1 would not listen to them and as such told the community members to do as they wish against him. It is further alleged that, the Rattihalli Police have filed the charge-sheet in Crime No.88/2019 for the offence punishable under Sections 354(D), 420, 376(2)(n), 312, 313, 506, 109 and 120B of IPC. The petitioners have arrayed as accused Nos.2, 4, 5, 7 and 8 in the charge-sheet. The petitioners approached II Addl. District and Secessions Judge, Haveri in Crim.Misc.No.175/2020 seeking anticipatory bail and the same came to be rejected by order dated 22.05.2020. Therefore, the petitioners are before this Court seeking anticipatory bail. 2. Heard the learned counsel for the petitionersaccused Nos.2, 4, 5, 7 and 8 and learned HCGP for respondent-State.

(3.) It is the submission of the learned counsel for the petitioners-accused that, the sexual assault is alleged against accused No.1, the offence leveled against the accused Nos.2 to 8 are under Section 109 and 120B of IPC. It is his further submission that, on looking to the entire complaint, it is clear that, the allegation leveled against the petitioners is that they conspired with accused No.1 and not co-operated with the elders of the community who tried to take initiative steps regarding marriage of accused No.1 with the victim girl. It is his further submission that, the petitioner/accused Nos.2,4,5,7 and 8 are residing in different places and they were not present in Rattihalli. It is his further submission that, the offences alleged against the petitioners/accused are not punishable with death or life imprisonment. With this he prayed to allow the petition.