KENCHAPPA 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.194/2019 of Raibag Police Station registered for the offence punishable under Sections 366(A), 376(2)(n), 341, 343, 109, 506 R/W Section 149 of IPC and Sections 4 and 6 of POCSO Act, 2012.

(2.) The case of the prosecution is that victim girl has filed a complaint on 11.11.2019 before the Raibag Police Station that 15 days back she had come to her aunt's house for Diwali, accused No.1 who was neighbor of her aunt was coming to her aunts house to watch TV. Thus she knows accused No.1. On 02.11.2019 night around 8 p.m., when she had gone out of her aunt's house for toilet and was coming back, then the said accused No.1 restrained her and told that he loves her and she should come with him otherwise threatened that he will kill her. Saying so he exhibited the knife and when she was about to run, then another accused by name Maruti Mannikeri told, not to leave her and she should come with him and both of them have dragged her and made her to sit on a motor cycle, when she started shouting, they gave life threat, they closed her mouth with cloth and then took her to Yaragatti village of Savadatti taluk where there was a shed of sheep's which belongs to one Mr.Lakshman Mannikere, there the said accused No.1 started forcible intercourse with her and next day they took her to Dharamatti village of Gokak taluk and there the accused made her to stay for three days and there also the said accused No.1 did sexual intercourse with her forcibly and all the accused told her not to go to her house and they will perform her marriage with accused No.1. Later on i.e. on 06.11.2019 they brought her to Byakood of Raibag taluk, when her uncle and others have come forward seeing her, all the accused ran away leaving the victim girl there only. The said complaint came to be registered in Crime NO.194/2019 of Raibag Police Station for the offences punishable under sections 366(A), 376(2)(n), 341, 343, 109, 506 R/W Section 149 of IPC and Sections 4 and 6 of POCSO Act, 2012. The petitioner-accused No.1 arrested on 14.11.2019. The bail application filed by the petitioner-accused No.1 before the III Additional District and Sessions Court, Belagavi came to be rejected by order dated 18.03.2020. 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.