KHAJA SAB HAVERI 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.131/2019 of Bhatkal Rural Police Station registered for the offence punishable under Section 376 of IPC and Section 4 and 6 of POCSO Act.

(2.) The case of the prosecution is that informant by name Smt.Dilshad Banu W/o Mohammed Jafar Kaligar of Bhatkal has filed a complaint on 28.11.2019 inter alia containing that she is residing along with her daughters at Bhatkal. Her husband is working as a meson. She is working as maid in a house of Navayithi. Her daughter victim girl is born on 13.10.2003 and she is 17 years old. She has completed her 7th standard and staying at home. Since her daughter was not keeping good health she was brought to doctor and checkup it is noticed that infection has been caused to the urinary tract. And the said doctor has advised her to show her to another hospital since her legs were swelling. On 20.07.2019 at about 3.30 p.m. she was brought to Government Hospital and after examination by the doctor it is noticed that her daughter is pregnant by seven months. After enquiry they have come to know that a person by name Sahil came to her house and stated that he is intending to marry her, she has further disclosed that when no one was there in the home at about 8 p.m. Sahil came in the backyard and drew her hands forcibly and there after laid her on ground and committed sexual assault on her by removing her inner wears. She also disclosed that the said Sahil has promised her that he will get tablets to her and had not returned for the last four months. She has also stated that she will identify the said person. With all these allegations informant has filed a compliant against the Sahil before Bhatkal Rural Police station. Bhatkal Rural Police have registered the complaint in Crime No.131/2019 for the offence punishable under Section 376 of IPC and Sec.4 and 6 of POCSO Act, 2012. Petitioner-accused was arrested on 03.12.2020. Charge sheet has been filed for the afore said offences. The petitioner-accused has filed bail application in Spl.Case No.6/2020 and the same came to be rejected. Therefore, the petitioner is before this Court seeking bail.

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