DEVRAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the accused under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for short) for granting bail in Spl. Case 16/2022 pending on the file of Addl. District and Sessions Judge & FTSC-I at U.K. Karwar in respect of Crime No.154/2021 registered by Mundagod Police for the offence punishable under Ss. 376(3) 506 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ', for short) and under Ss. 4 , 8 and 12 of Protection Of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for short).

(2.) Heard the arguments of the learned counsel for petitioner, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2.

(3.) The case of the prosecution is that on the complaint of respondent No.2 filed on 22/11/2021, the police registered a case. It is alleged that the complainant is having elder daughter, victim, aged about 15 years studying in first year PUC. Her husband has died in the month of June, 2018. As her children were minors, this petitioner who is a far relative was appointed to do the agricultural work and to drive the tractor. That on 18/11/2021, the complainant got information through Whatsapp group and facebook that the accused said to have released one video by giving information that he is loving the daughter of complainant and she is also loving him. Due to which the daughter of the complainant has become pregnant and got diagnosed in the hospital. If anything happens to him, the mother and relatives of the victim will be responsible. After watching the video, the victim was called to the house from Harihar and on enquiry, the victim stated that she is not loving the accused, however she has stated that the accused used to tease her whenever she goes to the college and whenever she was alone in the house. One day the accused took her to Madhukeshwar Temple, Banavasi and thereafter to Jog and from there to Sirsi. Thereafter on 23/8/2021, the accused took the victim on the bike forcible to Chandragutti Temple and while coming back from Chandragutti, at 3.00 p.m. in forest area near Banavasi Road, the accused had forcible sexual intercourse with the victim and threatened not to disclose this fact to anybody otherwise, he will kill her brother. Therefore, the victim has not disclosed the same to anybody. After looking the video of the accused, this complaint came to be filed on 18/11/2021. Accordingly, the police arrested the petitioner on 7/12/2021 and remanded to judicial custody. The bail petition filed by the petitioner came to be rejected by the Sessions Court. Hence, he is before this Court.