SANJU 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.191/2019 of Bailhongal Police Station registered for the offence punishable under Sections 363 , 344 , 376(2)(n) and 506 of IPC.

(2.) The case of the prosecution is that victim girl has lodged a complaint stating that, she got married three months back with her nephew and residing with her husband and along with in-laws. It is further alleged that very often the petitioner-accused from the same village use to come to her house. The victim girl knows the petitioner personally. Because of Panchami Festival the victim girl came to her mother's village i.e. Yardal and stayed there for few days. Before the victim's marriage, the victim has made the Aadhar Card wherein her name, her father's name and her surname was entered. After the victims marriage it was necessary for her to enter her name along with her husband's name and her address in her Adhaar Card. Hence, on 11.09.2019, the victim girl came to Nemadi Kendra of Bailhongal near to Tahasildar Office Bailhongal along with her mother for necessary correctins in her previous Aadhaar Card. Later at about 2.00 p.m. in order to get the Xerox copies of her Aadhaar card, the victim girl left her mother at Nemadi Kendra and proceeded towards Sangolli Rayanna Circle of Bailhongal. There the victim girl met petitioner. After seeing the victim girl, the petitioner asked why she is here and for what purpose. The victim girl replied that, she came to Tahasildar Office, Bailhongal for necessary corrections in her previous Aadhaar Card, as the victim has married three months back, so the victim wanted to enter the name of her husband, surname and address in her new Aadhaar Card. Later the petitioner requested the victim to come and sit on his two wheeler to go and get Xerox copies of her Aadhaar Card. The victim girl boarded his two wheeler so that she can get the photo copies of Aadhaar Card as she knows the petitioner-accused, she went on his motor cycle. The petitioner taken the victim girl on his two wheeler and crossed Bailhongal limits and therefore the victim girl asked him and he threatened her and took her to Sirasangi and thereafter to Ratnagiri distict in Maharastra State and reached at 3 p.m. on 12.09.2019. It is further alleged that they entered a house and on looking to the things available in that house, it was occupied by the petitioner and it is his work place. The victim girl asked his cell phone so as to intimate her mother and he refused and threatened her. It is further alleged that on 12.09.2019 at about 10 p.m. petitioner sexually assaulted the victim against her will and wish by force and later on he did the same daily between 12.09.2019 to 23.09.2019. It is further alleged that on 24.09.2019at about 3 p.m. the petitioner went outside of the house by taking his two wheeler vehicle. And in the mean time the Police Officers from Bailhongal approached to the house of the said petitioner and enquired the victim's name and address and took the victim to the Bailhongal Police Station. After coming to Bailhongal Police Station, the victim came to know that on 13.09.2019 her mother has already filed a missing complaint. Later the victim gave information and lodged the complaint in writing in Bailhongal Police Station with regard to the above said incident. Bailhongal P.S. have registered a case under Crime No.191/2019 for the offences punishable under Sections 363 , 344 , 376(2)(n) and 506 of IPC. The petitioner was arrested on 27.09.2019. After completion of investigation, Bailhongal Police have filed charge sheet and case has been committed to VIII Addl. District and Sessions Judge, Belagavi pending in SC No.54/2020. Petitioner has filed bail application before VIII Addl District and Sessions Judge, Belagavi in Crl.Misc.No.440/2020 and the same is rejected on 09.03.2020. Therefore, the petitioner- accused is before this Court seeking bail.

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