AKBAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused 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.85/2019 of Dandeli Town Police Station, registered for the offences punishable under Sections 323, 363, 366, 376, 504 and 506 of The Indian Penal Code (hereinafter referred to as the IPC , for brevity), Section 3(1)(r), 3(1)(w) and 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC & ST Act , for brevity) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act , for brevity).

(2.) It is the case of the prosecution that the victim has filed the complaint on 03.10.2019 stating that she is residing along with her mother and younger sister at Dandeli and her mother is working as peon and her sister is studying in 10th standard and that she has failed in PUC examination and she is preparing for supplementary exam and she is 17 years old. She has further alleged that the accused was acquainted to her as he is a distant relative and he used to come to her house now and then and he has stated that he loves her and he will marry her. It is further alleged that on one day, the petitioner came to the house of the complainant/victim and informed that her mother had met with an accident and took her on motorcycle and both of them went near old forest Dandeli depot and accused pushed her on the ground and removed her veil and tied her both legs and hands with a rope and committed sexual assault on her. The petitioner threatened her not to inform to her parents and forcibly took her to his friends house and stayed there and he again committed sexual assault on her. It is further alleged that thereafter, the petitioner took her to Khanapur, Belagavi and Sankeshwar on his motorcycle and thereafter took her to Bommanagi village and stayed in the house of a person by name Ramesh and she has informed the said incident to one person by name Anil Jyothiba over phone and he came there and took her to her house. On the basis of the said complaint, a case came to be registered in Dandeli Town Police Crime No.85/2019 for the aforesaid offences. The petitioner came to be arrested on 05/10/2019. Charge sheet has been filed for the offences punishable under Sections 3(1)(r), 3(1)(w) and 3(2)(v) of SC & ST Act and Sections 4 and 6 of POCSO Act and Sections 323, 363, 366, 376, 504 and 506 of IPC. The bail application filed by the petitioner came to be rejected by the learned Additional District and Sessions Judge FTSC-I, Uttara Kannada, Karwar. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.