MALAKARI NINGAPPA RAJAPUR 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.12/2020 of Athani Police Station registered for the offence punishable under Sections 376(2)(f) , 376(3) , 323 , 354(A)(i) , 354(a)(ii) , 506 IPC and SECTION 4, 6, 5(n), 12, 9(n) R/W SECTION 10 OF POCSO ACT.

(2.) The case of the prosecution is that on 09.01.2020 at 17 hours one Smt.Jayashree Malakari Rajapur r/o KEB Maddi Athani filed a written complaint with Athani Police station and the same came to be registered in Crime No.12/2020 for the offence punishable under Section 376(2)(f) , 376(2)(l) , 323 , 506 IPC and Section 4,6,5(n) of POCSO Act and alleged that she is residing with her husband and children and her husband is working as driver. Her daughter victim girl is aged 13 years and studying in 7th standard in Government Primary School. It is further alleged that on 24.12.2019 at 7 p.m. when she was in the house along with the children, her husband came and took her elder daughter victim girl for marketing. They returned at 9 p.m. and they brought leg chain, T-shirt for the son, book, pen and wheat flour. The complainant noticed injuries on her daughter back and the chudi was opened from behind. She enquired with her daughter and she told her that they fell down from motor cycle. Next day morning she again enquired with the daughter and she revealed that her father took her on motor cycle on Abbihal road and he committed rape on her near canal. He also further threatened victim girl with dire consequences. During the incident she sustained injuries on the back. The complainant questioned her husband about the incident and he told her to keep quite and do not spoil her name and he threatened her with dire consequences and told her that he will kill her and go to jail for 12 years, so she did not reveal about the incident. It is further alleged that on 08.01.2020 at 5 p.m. when she was in the house her husband-petitioner brought chicken and asked her to cook. When she was cooking he went near victim girl and asked her about some information in the mobile and pulled her by his side. When this was questioned by the complainant he said he wants to kiss victim girl and he started dragging her inside the house. At that time when complainant resisted she was also assaulted by him and he tried to squeeze the neck. The quarrel went up to 1 O'Clock in the night. At that time victim girl ran away to Durgawwa Gadiwaddars house. They both of them came to the complainant house and complainant and her daughter narrated about rape and attempt committed on that day to all the people who had gathered there. The people advised them and they slept at 3 'O'clock. Her husband went out of the house at 5 O'clok and returned at 8 a.m. and he threatened them not to give complaint. Police arrested the petitioner-accused on 11.01.2020. The Police filed charge sheet. The petitioner filed bail application in Crl.Misc.No.366/2020 before III Addl. District and Sessions Court, Belagavi for regular bail and the same came to be rejected on 04.07.2020. Therefore, petitioner-accused is before this Court seeking bail.

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