KALAKESH KALAKAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole 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.67/2021 of Yelburga Police Station, registered for the offences punishable under Section 305, 354(D), 504 and 506 of the Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act' for short).

(2.) The case of the prosecution is that one Smt. Ratnamma of Bandi village has lodged complaint alleging that her daughter- victim girl was found sitting gloomy in their house. On enquiry, her daughter told that the accused was pestering her to love him, through phone call and used to follow while she was going to college. After knowing this fact, the family members advised the accused not to make calls, in spite of that the accused continued the same. On 09.07.2021 at about 4.00 p.m. when the complainant and the victim girl were in their house, the petitioner made a call to the phone of victim girl and she did not receive the phone, and disconnected it and in spite of that, he repeatedly made calls to her and at that time she kept the call on speaker mode and received the call and at that time the petitioner asked her why she disconnected his phone call and asked her to love him or otherwise go and die, till then he will not leave her and he will finish her and he will call repeatedly and he will harass her and so saying he disconnected the call. Thereafter, the victim girl started crying and she was depressed. On 10.07.2021 at 12.00 noon when the complainant came back from the work, she found that her daughter had hanged herself to the roof with saree and on seeing it, the complaint brought down and took her to Karadagimath Hospital at Gajendragad and about 1.00 p.m. her daughter died. The said complaint came to be registered in Crime No.67/2021 for the offence under Sections 305, 354(D), 504 and 506 of IPC r/w Section 12 of POCSO Act, 2012. The petitioner came to be arrested on 11.07.2021. The petitioner filed bail application and the same came to be rejected by order dated 22.07.2021 passed by Additional District and Sessions Judge, FTC-I, Koppal. The petitioner earlier had approached this court seeking bail in Criminal Petition No.101497/2021 which came to be dismissed by order dated 30.08.2021 on the ground that the investigation is still in progress and the petitioner was given liberty to approach the Special Court after filing of charge-sheet. Charge-sheet has been filed against the petitioner for the offences under Sections 305, 354D, 504 and 506 of IPC and Section 12 of POCSO Act. Thereafter, the petitioner filed bail application in Spl.SC POCSO No.23/2012 which came to be rejected by the learned Additional District and Sessions Judge, FTSC-I, Koppal, by order dated 30.09.2021. Therefore, the petitioner is before this court seeking bail.

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