BASAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 and 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.101/2019 of Terdal Police Station for the offences punishable under Sections 323 , 344 , 354A , 363 , 366A , 368 , 370 , 371 , 376 , 376(1) , 376(2)(n) , 376(3) , 511 , 506 and 109 read with Section 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity), Sections 4 , 6 , 8 , 12 and 17 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity) and Section 3(1)(w)(i)(ii)(iii) , 3(2)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as the SC and ST Act , for brevity).

(2.) The case of the prosecution is that on 28.12.2019 one Prabhavati w/o Laxman Kore filed a complaint alleging that she is working as Anganawadi Supervisor at Rabakavi zone. On 28.12.2019, at about 10.00 am, complainant received information from CDPO S.S. Zunjarawad that a girl-victim, aged 17 years from Davanagere is in the house of the petitioners and the public assaulted the petitioners and petitioner No.1 escaped and petitioner No.2 was tied to a pole and the girl was handed over to the police. The complainant along with her staff Yashwant Madar, District Child Protection Cell, social worker and Ganga Ballur, Anganawadi worker, reached Terdal Police Station at about 11.00 am made enquiry with the girl and she told that, she is studying in II PUC at SUS Women's Commerce College, Davanageri and her house is near HKR Circle. It is alleged that her friend Rakshita told that, as she belongs to poor family and petitioner No.1 is performing marriage of poor girls, asked her to contact him and she gave the phone number of petitioner No.1. The victim contacted petitioner No.1. Petitioner No.1 told her to come to Rabakavi after informing the parents and the victim informed the parents and left Davanageri on 16.10.2019 and reached the house of the petitioners. Petitioner No.2 was at house. The victim stayed at Hanagandi village for 1 1/2 months and thereafter residing at Vidyanagar, Rabakavi. After looking to the Aadhar card, the petitioners told her that she cannot get married as she is till minor. On 27.12.2019 at 11.00 pm petitioner No.1 called the victim to sleep with him and when she refused, he forcibly caught hold her and tried to kiss her. The girl started shouting and petitioner No.2 and neighbours came and advised petitioner No.1 and the girl slept in the house of the neighbour. It is alleged that in the morning, the public assaulted petitioner No.2 and petitioner No.1 escaped and petitioner No.2 was tied to a pole and persons from Karnataka Rakshana Vedike handed over the girl to the police. The said complaint has been registered in Terdal Police Station Crime No.101/2019 for the offences punishable under Section 354A and 406 read with Section 34 of IPC and Section 8 of the POCSO Act and Section 3(1)(w)(i)(ii)(iii) and 3(2)(va) of SC and ST Act . The petitioners were arrested on 31.12.2019. The Investigating Officer filed charge sheet and a case came to be registered in Spl.Case No.20/2020 for the offences punishable under Sections 323 , 344 , 354A , 363 , 366A , 368 , 370 , 371 , 376 , 376(1) , 376(2)(n) , 376(3) , 511 , 506 and 109 read with Section 34 of IPC, Sections 4, 6, 8, 12 and 17 of POCSO Act and Section 3(1)(w)(i)(ii)(iii) and 3(2)(va) of SC and ST Act . The petitioners filed bail application and the same came to be rejected by the Sessions/Special Court. Therefore, the petitioners are before this Court seeking bail.

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