JAI SHIVA MAHADEVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C seeking regular bail of Accused No.1/Petitioner in Crime No.54/2019 for the offences punishable under Sections 376AB and 506 of IPC read with Section 5(L) and 5(M) and Section 6 of Protection of Children from Sexual Offences Act, 2012.

(2.) The factual matrix of the case is that one Smt.Bhagyamma, who is the mother of victim Aishwarya, in her complaint alleged that her daughter Aishwarya and her friend Pooja came to house at about 10.30 p.m. and at that time they were under depression. On enquiry, they revealed that when both of them were playing in the park, a person by name Jai Shiva Mahadeva, who is the petitioner herein took them to Subhash Nagar Park with a pretext of giving sweets. He took them to a terrain place, removed their lower garments, put his fingers to the private parts of the victim girls and pressed their breast. It is also alleged that this petitioner has placed his private part in the mouth of the one victim girl and also pressed the breast of another girl. It is also alleged that the petitioner herein tried to put his private part to the anus of the girl and as a result, the victim suffered pain. It is also alleged that he put his penis to the mouth of a girl and at that point of time, a person came to the spot and assaulted the petitioner. Thereafter, he took the victim girls in his bike on the pretext that he would drop them to their house. But on the way, the person Kaiser told the victim girls that he know what they have done with said Mahadev and asked them to do the same with him. He also put his penis to the mouth of the victim girls and pressed their breast. It is further alleged that they dropped the victim girls near the Shankar Nursing Home. After revealing the said incident to the mother, she has lodged the complaint and case has been registered against those persons for the above said offences.

(3.) Learned counsel for the petitioner in his arguments vehemently contended that the petitioner has been falsely implicated in the case. The police have already filed the chargesheet and there is no medical evidence to prove that the victims were subjected to sexual assault. There is only an allegation of molestation by the petitioner and the same does not attract the ingredients of Section 376 of IPC or Sections 5 and 6 of POCSO Act. There is no evidence of vaginal penetration and injury on the victim girls. The hymen was intact. It is contended that there was a continuous sexual assault on the victim girls but there was no corroboration to that effect.