BALASAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/ accused under section 439 Cr.P.C., for seeking bail in Crime No.66 of 2019 of Lokapur Police Station, pending in Special Case No.41 of 2019, on the file of II Addl. District and Sessions Judge, Bagalkot, registered for the offence punishable under sections 376 , 376(1) , 376(2)(L) and 451 of IPC and Sections 4 , 6 and 12 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The prosecution case is that on the complaint filed by aunt of the victim girl, the police have registered the case. The allegations are that on 30.05.2019 the accused came on a motorcycle and parked infront of the house of her brother-in-law Hussainsab. Later, on hearing the screaming voice, the complainant went to the house of her brother-in-law and noticed that, the accused was committing rape on victim, who is a minor girl and also mentally retired. Immediately, she locked the door and informed all neighborers. The incident occurred at about 9.00 a.m. Thereafter, she informed the parents of the minor prosecutrix.

(3.) On registering the complaint, the police have conducted the investigation and submitted the charge sheet. The petitioner-accused was arrested on 06.06.2019. The bail petition filed by the petitioner before the Sessions Court is rejected.