M OHAMMADSHARIF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by accused No.1 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.190/2019 of Yamakanamaradi Police Station (S.C.No.434/2019 pending on the file of III Additional District and Sessions Court, Belagavi), registered for the offences punishable under Sections 363 , 376 , 120B , 504 , 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sections 4 , 6 , 8 and 12 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity) and Section 3(1)(r) , 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as the 'SC & ST Act ', for short).

(2.) It is the case of the prosecution that, one Smt.Shobha, wife of Ramesh Talawar, filed written complaint against the petitioner and two others in Yamakanamaradi Police Station and the same came to be registered in Crime No.190/2019 for the aforesaid offences. It is stated in the complaint that, the complainant is residing along with her husband and daughters and the victim girl is studying in B.A.1st year in Hukkeri. It is further alleged that, the complainant noticed her daughter victim talking to Sharif Killedar (petitioner/accused No.1) and upon enquiring her daughter had told her that she is in love with the petitioner/accused No.1 since two years. They warned her to stop all this and she told that the petitioner belongs to Muslim community and they belong to lower community and the name of family will be spoiled. In spite of this, victim continued the relationship. The complainant decided to keep the victim girl in the house of her younger brother so that she cannot meet the petitioner. When the complainant's relative Vijay Maruti Kainavar had been to the house of the petitioner, accused No.2 and 3 i.e., brothers of the petitioner insulted, abused them in filthy language and sent to them back. Therefore, the complainant decided to send the victim to some other place. On 20.09.2019 at 7.00am the victim had gone to college and did not return in the evening, so, the complainant, her husband along with others searched for her but could not find her. They also searched for the petitioner and he also could not be traced. So they suspected that the petitioner has kidnapped the victim. They discussed about the incident in the house and wanted to give complaint, at that time, they got news that her daughter has come to Yamakanamaradi Police Station. They went to Yamakanamaradi Police Station and enquired with her and she told them that the petitioner had taken her on 20.09.2019 at 1.00 pm from Hukkeri college to Poona and on the night of 21.09.2019 he had forcible sexual intercourse with her and they both came to Belagavi Sub-Registers Office for registration of their marriage but it could not be registered as she had not completed 18 years as she was less by three months and therefore the petitioner has sent her to Yamakanamaradi Police Station. The complainant has filed complaint alleging that the petitioner/accused No.1 belonging to Muslim community kidnapped her daughter-the victim, who was minor, knowing very well that she belonged to SC community and his brothers-accused No.2 and 3 have also supported accused No.1. The said complaint came to be registered in Crime No.190/2019 for the aforesaid offences. The petitioner came to be arrested on 24.09.2019. Charge- sheet has been filed for the offences punishable under Sections 363 , 376 , 120B and 504 read with Section 34 of IPC and Sections 4, 6, 8 and12 of POCSO Act and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC & ST Act . Now the case is pending in SC No.434/2019 on the file of the learned III Additional District and Sessions Court Belagavi. The petitioner filed Crl.Misc No.876/2020 seeking bail before III Addl. District and Sessions Court Belagavi and same came to be rejected on 10.07.2020. Accused Nos.2 and 3 have been granted bail by the learned III Addl. District and Sessions Court, Belagavi by order dated 18.10.2019. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.