LAKKAPPA S/O BASAPPA MANGULI Vs. THE STATE OF KARNATAKA THROUGH KOLHAR P.S. REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA

JUDGEMENT

(1.) PETITIONER who has been arraigned as accused in Crime No. 24/2012 registered by Kolhar Police station for the offence punishable under sections 447, 323, 376(f) of IPC is seeking for being enlarged on bail Heard Sri. Shivanand V. Pattanshetti, Learned Counsel appearing for petitioner and Sri. Subhash Mallapur, learned HCGP appearing for the State. Perused the records made available.

(2.) GIST of the prosecution case is that a complaint came to be lodged by Sri. Yallappa, S/o Laxman Beerkatti alleging that he along with wife and daughter went to their land for grazing of the cow accompanied by his brother to graze his sheep and it was stated in the complaint that complainant's daughter aged about 11 years was grazing cattles near 'Banari' and suddenly they heard hue and cry of their daughter and when they rushed towards the said place they found Sri. Lakkappa, accused had committed rape on their daughter by closing her mouth by 'shoving a towel'. It is stated that on seeing them accused ran away from the said place and thereafter they took her to the hospital and filed a complaint against accused. The investigation was taken up and accused was arrested on next day i.e., 05.03.2012 and was remanded to judicial custody.

(3.) PER contra learned HCGP would oppose the prayer sought for by the petitioner and prays for rejection of the same on the ground that there is overwhelming evidence against petitioner and contends that a minor girl has been raped who was less than 12 years and as such ingredients of section 376(f) of IPC is attracted to the facts on hand to which the punishment imposed on being found guilty would be 10 years rigorous imprisonment and as such he prays for dismissal of the petition.