NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the accused challenging the order dtd. 8/6/2022 passed in Crl.Misc.No.580/2022 by the learned III Additional District and Sessions Judge, Belagavi, whereunder the bail petition of the appellant/accused sought in Crime No.40/2022 registered for the offences under Ss. 363, 376(2)(n), 307, 325 , and 506 of the Indian Penal Code(hereinafter referred to as the ' IPC ', for short), Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012(hereinafter referred to as 'POCSO Act', for brevity) and Sec. 3(2)(v) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (hereinafter referred to as 'SC & ST Act ', for brevity) came to be rejected.

(2.) Heard the learned counsel for the appellant/accused, learned counsel for respondent No.2/complainant and the learned High Court Government Pleader for respondent No.1/State.

(3.) The case of the prosecution is that, one Basappa Bhimappa Bandivaddar, grandfather of the victim girl, has filed the complaint which came to be registered in Soundatti Police Station Crime No.40/2022. After investigation, charge-sheet has been filed for the offences stated supra. In the charge-sheet it is alleged that the complainant belongs to Hindu Waddar caste coming under SC and he is residing along with his wife, son, daughter- in-law, grandchildren, victim girl, Vital and Nagaraj. The victim girl is studying in 10 t h standard at Munavalli Government High School and the appellant/accused, aged 21 years belongs to Kuruba caste and he is the neighbour of the complainant, who used to follow the victim girl often telling her that, he is loving her and he wants marry her and he used to take often the victim girl on his motorcycle etc. That on 14/2/2022 at 10:00 am when the victim girl was at Panchalingeshwar cross at Munavalli on the way to her school, the appellant/accused came on his motorcycle bearing No.KA.26-EM/6056 took her forcibly on his motorcycle to celebrate valentaines day in spite of refusal by the victim. After wandering here and there, the appellant/accused took her to the terrace of a single storied building at Munavalli APMC yard and spent time chit-chatting there and at 2:00 pm, the appellant/accused had sexual intercourse with her in spite of refusal and threatened her not to reveal the same before anybody and they were there upto 6:00 pm. The appellant/accused earlier had forcible sexual intercourse with the victim girl for 2 to 3 times. When the appellant/accused was pushing and pulling the victim girl, at that time, the complainant came there and on seeing the complainant, the appellant/accused with an intention to kill her, pushed her from the building and she fell on the ground. Charge-sheet is filed for the offences punishable under Ss. 363, 376(2)(n), 376(3), 307 , 325 and 506 of IPC and Ss. 4 and 6 of POCSO Act and Ss. 3(2)(v)and 3(2)(va) of SC & ST Act . The appellant/accused filed bail application in Crl.Misc.No.580/2022 and the same came to be rejected by the learned III Additional District and Sessions Judge, Belagavi by order dtd. 8/6/2022. The appellant/accused has challenged the said order in the instant appeal.