SHASHIKANT @ PINTU 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.136/2019 of Aigali Police Station registered for the offence punishable under Sections 376 , 342 and 109 of IPC read with Section 34 of IPC pending on the file VIII Addl. District and Sessions Judge, Belagavi in S.C. No.109/2020.

(2.) The case of the prosecution is that the complainant is a victim girl and she has lodged complaint and it is alleged in the complaint that she was residing with her mother Smt. Lakshmi and younger brothers. About eight years back she had under went surgery for the gland grown on the back of the head. About five months back the petitioner-accused No.1 alleged to have met the mother of the complainant obtained signatures on some documents by saying that the certificates will be issued for the physically handicapped persons. Thereafter he was making phone calls to her mother asking her to furnish photographs and pass book of the Bank. However, her mother objected for it and told him not to make any phone calls.

(3.) It is further alleged in the complaint that on 14.11.2019 her mother and younger brother Appasaheb went to the coolie work in the morning. Another younger brother Sangamesh who had a separate room for his study purpose went there. Thereafter, at about 10.30 a.m. the petitioner-accused No.1 came in front of her house and asked her to come to the house of Hussain @ Annappa Mohammad Honavad on the ground that she had to sign. Therefore at about 11 a.m. she went to the house of Hussain @ Annappa Mohammad Honavad. At that time the petitioner asked her to come inside the house to sign the document. Thereafter she was taken inside the house and shown some of the papers kept on the cot. Therefore when she went with an intention to sign the documents he bolted the door and started molesting her. He closed her mouth with duppatta and committed the rape by felling her on the ground. In the meanwhile, the public in the near by house came and started knocking the door. On hearing the same and voices of the public he wok up. At that time some people came from the other door by video graphing the incident with their mobile and caught hold him. Therefore in a hurry the complainant wore her cloths and went to the house and intimated the same with her mother and relatives. Therefore, after discussing the matter she lodged a complaint at about 8.15 p.m. The case has been registered in Crime No.136/2019 of Aigali Police Station for the offence punishable under Sections 376 , 342 , 109 r/w Section 34 of IPC. On 15.11.2019 petitioner-accused No.1 came to be arrested at 12.30 p.m. The petitioner filed the bail petition and 8th Addl. District and Sessions Judge, Belagavi has rejected the same by order dated 20.12.2019. Therefore, the petitioner is before this Court seeking bail.