BALU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 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.138/2019 of APMC Yard Police Station registered for the offences punishable under Sections 363 , 307 , 366A , 504 , 506 and 201 read with Section 34 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that on 13.12.2019 at about 23.00 hours one Sanju Basappa Desai filed a written complaint against the petitioner- accused No.1 and his wife-accused No.2 with APMC Police Station which is registered in Crime No.138/2019 under Sections 307 , 366A , 504 and 506 read with Section 34 of IPC. It is alleged that the complainant is residing with his wife Rajashree and they have two children i.e., the victim aged 7 years and a son aged 4 years. It is further alleged that on 11.12.2019 at about 6.00 pm one Sunil Balu Balnaik-son of the petitioner had taken their children for playing and he committed sexual offence on his daughter. She was crying with pain and when the complainant and his wife shifted their daughter to Belagavi Government Hospital and she was being treated at about 7.30 pm, the petitioner- accused No.1 and his wife-accused No.2 entered the Hospital and snatched the girl and in spite of resistance, they kidnapped the child out of the Hospital abusing the complainant and at that time, they also stated that they will kill the complainant's daughter and tried to press her neck. Petitioner and his wife took away the child on their motorcycle and the complainant searched for his daughter and she was found crying near Marriot Hotel in Kakati. The complainant's wife filed a complaint with Kakati Police Station regarding the sexual offence committed on her daughter by Sunil Balnaik-son of the petitioner-accused No.1. The petitioner came to be arrested on 16.12.2019 and charge sheet has been filed for the offences under Sections 366A , 307 , 504 , 506 and 201 read with Section 34 of IPC and the case is pending before the leaned IV JMFC Court Belagavi in CC No.103/2020. The petitioner's wife-accused No.2 has been granted bail by the learned III Additional District Judge, Belagavi, in Crl.Misc.No.42/2020. The petition filed by the petitioner in Crl. Misc.No.325/2020 came to be rejected by order dated 15.06.2020 by the learned III Additional District and Sessions Court, Belagavi. 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.