MAIBUSAB 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.1/2020 of Kanakagiri Police Station, Koppal registered for the offence punishable under Sections 376 , 506 and 509 of IPC, under Sections 6 and 12 of POCSO Act, 2012 and under Section 3(1)(w) , 3(2) (v-a)SC/ST PA Act,2015.

(2.) The case of the prosecution is that one Laxmappa s/o Lacchammappa Naik filed a complaint stating that his sister Durgamma married Bushappa in the same village and they have four children. Bushappa died 5 years ago, Durgamma is doing coolie work, her daughter victim girl studied up to 7th class and she stayed in the home. Victim girl everyday used to go to house of the complainant for watching T.V. It is further alleged that on 31.12.2019, complainant was near to his house at that time his sister's daughter victim girl come to his house at 1 p.m. that time the petitioner called the victim girl by saying "Hush Hush" then later she went to the petitioner's house, then the complainant suspected and went to petitioner's house at that time the petitioner sleeping on Pappamma, the complainant abused the petitioner in filthy language, then the petitioner wore his pant and ran away. In the meanwhile his younger brother Manjunath, Virupaxappa his mother Huligamma, Hampamma and her husband Sakkargouda, Nagamma and her husband Ningappa others have came to the spot abusing the petitioner and they gave complaint. Complaint came to be registered in Kanakagiri P.S. Crime No.1/2020 against the petitioner. The petitioner filed bail application in Crl.Misc.No.240/2020 before Addl District and Sessions Judge, FTSC-1, Koppal and the same came to be rejected by order dated 24.07.2020. Hence the petitioner-accused is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused and learned HCGP for respondent-State.