MALLIKARJUN GUNDAPPA MADAGUNAKI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have sought for regular bail under section 439 of Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as ' Cr.P.C .') in Crime No.92/2019 of Narona Police Station, registered for the offences punishable under sections 366(A) , 376(2)(n) , 376(d) of Indian Penal Code, 1860 (hereinafter for brevity referred to as ' IPC ') and sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter for brevity referred to as 'POCSO Act').

(2.) The summary of the case of the prosecution is that on 25.06.2019 at about 5.00 p.m., the alleged victim girl in this case, who is said to be aged about twelve years, was alleged to have been kidnapped by accused no.1 and taken to a different place called Bhusanoor village limits and kept her in an agricultural land there in a tin shed. It is further alleged that the said accused no.1 is said to have committed repeated sexual assault on the said minor girl against her wishes.

(3.) It is further the allegation in the charge sheet that on 26.06.2019 the accused no.2, who is the present petitioner no.1, on the pretext of giving food to the victim girl, went to the said tin shed and committed rape on her. On the next day also i.e. on 27.06.2019, in addition to accused no.2 (petitioner no.1), the accused no.3 (petitioner no.2) and a juvenile accused also went to the said shed and all the three of them committed repeated gang rape on the said girl. Thus, the offences punishable under sections 366(A) , 376(2)(n) , 376(d) of IPC and sections 4 and 6 of POCSO Act have been alleged against the accused.