CHANDRASHEKHA R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused 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.58/2020 of Navanagar Police Station, Bagalkot, registered for the offences punishable under Sections 354 , 354A , 363 , 366 , 376(1) , 376(2)(n) , 504 and 506 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity).

(2.) The case of the prosecution is that on 04.05.2020, one Jayashree, wife of Shekharappa Helavar (Shellikeri) filed a complaint alleging that she is residing along with her husband-Shekharappa, children, Megha, Madhu and the victim, aged 18 years. It is further alleged that the victim studied 10th standard at Basaveshawar Shishuvihar Secondary School and PUC at Ajeet PU College and at that time, the petitioner was teasing the victim. It is further alleged that on 29.04.2020 at 4.45 pm, the petitioner came to the house of the complainant and told that he is married and having two children. As the complainant is having only daughters, with an intention to grab the property, he had physical relation with the victim and got aborted her 2-3 times. On 05.03.2020 by creating false documents, got registered marriage with victim at Sub-Registrar Office, Belagavi. The petitioner told that he is Rakshana Vedike worker and so many times committed law breaking acts. The petitioner asked the complainant to send her daughter with him who is at Ujwala Supreme School near Laxmi Talkies as because the complainant had filed complaint before the police. The petitioner threatened the complainant that he will kill her husband. The complainant enquired with the victim and she said that while she was studying 10th standard, the petitioner used to tease her and having physical relationship with him. The petitioner threatened her if she discloses the said fact to her parents. A complaint came to be filed after consulting the elders and it is now registered in Navanagar Police Station Crime No.58/2020 for the offences punishable under Sections 376(1) , 504 and 506 of IPC and Section 4 of POCSO Act. The petitioner came to be arrested on 15.06.2020. Charge sheet has been filed and now the case is pending in Spl.Case No.47/2020 on the file of the learned II Additional District and Sessions Judge, Bagalkot. The bail application filed by the petitioner came to be rejected and 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.