ARUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the accused No.1 challenging the order dated 24.06.2021 passed in Special S.C./S.T.No.12/2021 by the Additional District and Sessions Judge, FTSC-I, At Haveri, whereunder, the bail application filed by the appellant/accused No.1 in Crime No.25/2021 of Adur Police Station, for the offences punishable under Sections 363, 376(2), 506 read with Section 34 of The Indian Penal Code (for brevity, hereinafter referred to as 'IPC') and Sections 4 & 6 of Protection of Children From Sexual Offences Act, 2012 (for brevity hereinafter referred to as the 'POCSO Act',) and Sections 3(1)(w)(i)(ii), 3(2)(va), 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, (hereinafter referred to as the 'SC/ST (POA) Act', for brevity) has been rejected.

(2.) It is the case of the prosecution that, one Roopa W/o. Satishkumar Yarbandi has filed complaint on 19.02.2021, stating that, her father has totally seven children and last one is the victim-girl, aged 17 years 1 month, studying in the I PUC in Shri. Shanteshwar College, Tiluvalli village. It is further stated that, when the victim-girl was sitting in the house sadly and on enquiry by the complainant, the victim-girl has stated that accused No.1 belonging to the same village came in contact with her and used to talk with her over phone and he started insisting to love him, otherwise, he will not spare anybody in her family. It is further stated that, on 23.01.2021 at about 11.00 a.m., near Shanteshwara College, Tilavalli village, accused Nos.1 and 2 took the victim-girl in TATA ACE vehicle to Chikkeri village, thereby they purchased Tali and on the way in a Temple, accused No.1 forcibly tied Tali to the victimgirl and told her that, she is his wife and she has to listen to his words. Thereafter, accused Nos.1 and 2 threatened her not to discuss the said aspect to her family members and left her in Tiluvalli village. It is further stated that, on 01.02.2021 at about 1.00 p.m., when the victim-girl was coming from her collage, accused Nos.1 and 3 took her stating that they will drop her to her grand-mother's house and accused No.1 took her to a paddy field and told her that, he is her husband and had sexual intercourse and thereafter threatened her not to disclose this aspect to anybody and left her near Timmapur village. The said complaint came to be registered in Crime No.25/2021 of Adur Police Station for the aforesaid offence. The appellant/accused No.1 came to be arrested on 20.02.2021. Thereafter, the charge-sheet has been filed. The appellant has filed bail application in Special SC/ST No.12/2021 and the same came to be rejected by the Additional District and Sessions Judge, FTSC-I, at Haveri. The appellant/accused No.1 has challenged the said order in the present appeal.

(3.) Heard the arguments of the learned counsel appearing for the appellant and the learned High Court Government Pleader for the respondent No.1. Respondent No.2 in spite of service of notice, remained un-represented.