AKASH 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.55/2019 of Nippani Police Station registered for the offence punishable under Sections 376(1)(2)(i) of IPC and Sections 4, 6 of POCSO Act, 2012.

(2.) The case of the prosecution is that complainant is residing along with his wife, son Rohith aged 15 years and daughter-victim girl aged 14 years. The daughter of the complainant who is studying in 8th standard in Municipal School is a minor. It is further alleged that on 18.08.2019 the complainant and his wife went for mason work. The daughter and son were in the house due to holiday to school as Sunday. When the daughter of complainant went to the pond situated near Buddha Nagar to wash the clothes at that time the petitioner-accused at about 12.00 noon when the victim girl was washing the clothes in the said pond, took the victim girl in a sugar cane field by holding her mouth and he sexually assaulted on victim girl. Thereafter, the victim girl came to her house and informed the same to her brother Rohith who in turn made a phone call to his father and mother and intimated the same. The father of the victim girl filed the complaint and a case came to be registered in Nippani Police Station Crime No.55/2019 for the offences punishable under Section 376(1)(2)(i) of IPC and Sections 4 and 6 of the POCSO Act, 2012. The petitioner accused came to be arrested on 18.08.2019. The charge sheet has been filed for the offences punishable under Section 376(1)(2)(i) of IPC and Sections 4 and 6 of the POCSO Act, 2012. The petitioner- accused filed bail application in Crl.Misc.No.2885/2019 and the same came to be rejected by III Addl. District and Sessions Judge, Belagavi. The petitioner again filed another bail application in Crl.Misc.No.637/2020 and the same also came to be rejected by order dated 24.06.2020 by III Addl. District and Sessions Judge and Special Court under SC/ST(POA) and POCSO Act, Belagavi. 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.