PEERAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking bail in Crime No.21/2018 of Dharwad Women Police Station registered for the offence punishable under Sections 376, 317, 307, 506, 201 R/W 34 of IPC and Section 3(2)(v) of SC and ST POA Act, 1989.

(2.) The case of the prosecution is that on 17.11.2018 one Basavaraj Nagappa Kumbar has lodged a complaint before the Women Police Station stating that someone has thrown a child in B.T.Reddy Chikoo (Sapoto) Farm beneath the Chikoo tree. On enquiry and later came to know that one Peerappa Appanna Kumbarakoppa-accused No.1 has committed the offence thus the Police authorities have arrested him on 23.08.2019. It is further case of the prosecution that petitioner-accused No.1 regularly used to visit the victim girl's house as she is a resident of Yattinagudda and Hiremalligawad village, Dharwad. Petitioner-accused used to commit a forcible sexual intercourse with her and it is also alleged that the petitioner-accused used to give a life threat to her and her parents and regularly commit the same thing to the victim girl. The parents of the victim girl were aware of these activities. One fine day the girl got pregnant and her parents informed the accused/petitioner but he rejected to marry her and not ready to accept the child and accused/petitioner suggested them to drop the child and later she gave the birth to the baby boy and parents hidded her i.e. victim girl at home only and handed over the newly born child to petitioner/accused immediately after the birth and petitioner-accused took the child and threw it in B.T.Reddy's Chikoo(Sapota)Farmland and escaped from there. And the child was found by the farmer of the farmland and he took it to the Police station. It is also came to the light that 2-3 years back he has committed the same offence at that time a baby girl was born to the victim girl and same thing had been done to the newly born child. A case came to be registered in Crime No.21/2018 of Dharwad Women Police Station. After investigation, the Police have filed the charge sheet for the offence punishable under Sections 376 , 317 , 307 , 506 , 201 r/w 34 of IPC and Section 3(2)(v) of SC and ST POA Act, 1989. The petitioner-accused No.1 has filed bail application before the II Addl.District and Sessions and Spl. Judge at Dharwad and it came to be rejected by the order dated 23.05.2020. Therefore, the petitioner-accused No.1 is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused No.1 and learned HCGP for respondent-State. Perused the charge sheet records.