CHANDANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused Nos.3 and 4 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.20/2021 of Ilkal Rural Police Station, registered for the offences punishable under Sections 354C, 376D, 506, 34 and 109 of IPC 1860 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 17 and 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity) and Section 67B of Information Technology Act, 2000 (hereinafter referred to as the 'IT Act', for brevity).

(2.) It is the case of the prosecution that one Gudnappa has lodged the complaint on 24.02.2021 stating that his daughter-victim girl aged 13 years was returning to home after attending the nature's call, at that time, accused No.1 approached her and told her that she needs to sleep with him and tried to pull her by holding her hand and when his daughter tried to escape, accused No.4 holding a knife in his hand, threatened to kill her in case if she does not cooperate. The other two accused i.e. accused Nos.2 and 3 gave life threat, if she does not cooperate with accused No.1. The accused No.1 embraced the complainant's daughter and took her near the bush and had forcible sexual intercourse with her after disrobing her. It is further contended that accused No.2, photographed the sexual act of intercourse and all the accused threatened her stating that if the incident is revealed by her to anyone, the photographs will be circulated through Whatsapp and they left the scene. Thereafter, it is further contended that accused No.2, forwarded the photographs pertaining to sexual intercourse to a Whatsapp group named 'BJP Ghataka Hireuppinala'. The said complaint came to be registered in Crime No.20/2021 for the offences punishable under Sections 354C, 354D, 376(1), 376, 506(2), 376(2), 34, 109, 376(3) of IPC and Section 17 and 4 of POCSO Act and Section 67(B) of IT Act. The police after investigation have filed the charge sheet for the offences punishable under Sections 354C, 376D, 506, 109 r/w 34 of IPC and Section 17 and 4 of POCSO Act and Section 67(B) of IT Act. The petitioners-accused Nos.3 and 4 were arrested on 14.03.2021. The petitioners filed bail application in Spl.C.No.39/2021, seeking bail and the same came to be rejected by II Addl. District and Sessions Judge, Bagalkot, by order dated 02.06.2021. Therefore, the petitioners are before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioners, the learned High Court Government Pleader for the respondent No.1 and Sri. A.M. Gundawade, learned counsel for respondent No.2-complainant.