SHIVAJI RAMAPPA PAMMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused No.2 under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.128/2019 of APMC Yard Police Station registered for the offences punishable under Sections 363 , 343 , 376 , 384 , 109 and 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity) and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989 (hereinafter referred to as the 'SC and ST Act ', for brevity)

(2.) The case of the prosecution is that the victim in her complaint has stated that she is aged 17 years 2 months doing utensil washing work in the house of Ibrahim Tahasildar and she has studied in Seventh Day English Medium School situated at 5th cross Azam Nagar, Belagavi and accused No.1-Rajesh Ningagouda Patil of T.V. Center, Bauxite Road used to come and stand near her school and thereafter Rajesh met her and they became friends and Rajesh belongs to Hindu lingayat caste. It is further stated that on 08.11.2019 at about 2.00 pm she went to her routine work at TV Centre and thereafter when she was returning at 4.00 pm, and when she was near TV centre, foot ball ground, at that time, accused No.1-Rajesh Patil and accused No.2-Shivaji Pammar came in an auto rickshaw bearing registration No. KA-22/C 6601 and forcefully took her in the auto to Azam Nagar beside petrol pump and kept her in a room at 2nd floor of the building and thereafter Rajesh told her that she should be with him and she alleged that she refused, at that time, accused No.2- Shivaji gave pepsi to Rajesh and Rajesh gave pepsi to her and she drank it and thereafter Rajesh forcefully touched her body and undressed her and committed rape on her and further alleged that they locked the door and handed over the key to one Muslim boy. Thereafter on the next day, i.e. on 09.11.2019 at about 8.00 pm autorickshaw driver-accused No.2-Shivaji Ramappa Pammar came and opened the door and forcefully committed rape on her and again locked the door and gave the key to Muslim boy. On 10.11.2019, accused No.1-Rajesh Patil came to the said building at about 2.00 pm and again committed rape on her and while going, took her gold earring and thereafter accused No.1 and accused No.2 on 12/11/2019 came at about 8.00 pm to the said building and left her to go and threatened her not to lodge complaint etc. At that time, Muslim boy by name Mehebood Mujavar-Accused No.3 was present. On 13.11.2019, the victim lodged a complaint before the respondent police and a case came to be registered in Crime No.128/2019 for the aforesaid offences. The respondent-police after investigation filed charge sheet for the aforesaid offences. Petitioner- accused No.2 came to be arrested on 14.11.2019 and he filed bail petition in Crl.Misc.No.176/2020 and the same came to be dismissed by the learned III Additional Sessions Judge, Belagavi, by order dated 12.02.2020. Therefore, the petitioner-accused No.2 is before this Court seeking bail.

(3.) Heard the arguments of the learned counsel appearing for the petitioner-accused No.2 and the learned High Court Government Pleader for the respondent-State.