BALAPPA @ PINTU 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.155/2019 of Chikkodi Police Station registered for the offences punishable under Sections 376(1)(2)(1)(n) of IPC.

(2.) The case of the prosecution is that one Magabul Husainsab Mulla has lodged a compliant on 22.11.2019 alleging that he his permanent resident of Jattipalam and his father is aged about 75 years and his sister victim girl is residing with his father in Bidrolli and he is staying at Jattipalam and his brother is staying at Bengaluru and another brother is staying at Bidrolli. It is further alleged that victim girl is mentally retarded and she is deaf and dumb. It is further alleged that on 15.05.2019 the wife of the complainant had been to Bidrolli and she returned back to Jattipalam. On 21.11.2019 complainant and his wife Reshma came to Bidrolli village and at that time his sister victim girl has informed him that on 21.05.2019 a person staying backside of the house of the complainant's father and who has developed beards and having a motor cycle by name Pintu used to look at her and he has promised her that he will marry her and by saying so he had developed physical contact with her and once in two days he used to come in the night and used to have forcible sexual intercourse with her and used to go back to his house at 4.00 a.m. It is alleged that on 12.11.2019 the petitioner had physical relationship with her lastly and the complainant and his wife just touched the stomach of the victim girl and they felt that she is pregnant. It is further alleged that form 21.05.2019 to 12.11.2019 petitioner had forcible intercourse with victim girl and as such the complainant lodged the complaint to the Chikodi Police Station. Chikkodi Police have registered the case in Crime No.155/2019 for the offence punishable under Section 376(1)(2)(L) of IPC on 22.11.2019. Petitioner was arrested on 22.11.2019. Petitioner has filed a bail application in Crl. Misc. No.2702/2019 before the VIII Addl. District and Sessions Judge, Belagavi and the same is rejected by order dated 19.03.2020. Hence petitioner accused is before this Court seeking bail.

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