KHAZAMAINUDDIN @ MAINU 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.37/2020 of Gadag Rural Police Station registered for the offence punishable under Sections 376, 506 of IPC, Section 6 of POCSO Act, 2012 and Sections 3(1)(w) and 3(2)(v) of SC/ST(Prevention of Atrocities) Act.

(2.) The case of the prosecution is that one Susheela W/o Lalithappa @ Lohithappa Sakrannavar has filed complaint on 07.02.2020 alleging that the accused is the friend of her son and used to visit the house of the complainant. It is alleged in the complaint that on 05.02.2018 at 2.00 p.m. when all the inmates of the house except the daughter of the complainant were out for coolie work, had come to the house of the complainant and spoke to her daughter. It is further alleged that the accused told the girl that she is beautiful and he wants her. It is further alleged that despite the resistance of the daughter of the complainant, the accused is alleged to have committed forceful sexual intercourse on her and further it is alleged that the daughter of the accused was threatened for life by the accused if she ever revealed the incident to anyone. It is also further alleged that the accused has repeatedly committed forceful sexual intercourse with the daughter of the complainant and it was later learned that the daughter of the complainant is pregnant and therefore the mother has filed the complaint which came to be registered in crime No.37/2020 of Gadag Rural Police Station for the offences punishable under Sections 376, 506 of IPC, Section 6 of POCSO Act, 2012 and Sections 3(1)(w) and 3(2)(v) of SC/ST(Prevention of Atrocities) Act. After investigation, the charge sheet has been filed on 05.02.2020. The accused came to be arrested on 07.02.2020. Petitioner has filed bail application in Crl.Misc.No.83/2020 before Addl. District and Sessions Judge, Gadag and the same came to be rejected. 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.