ROSHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This successive petition is filed by accused No.1 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for brevity) seeking bail in Crime No.57/2021 of Camp Police Station registered for an offence punishable under Sec. 376DB of The Indian Penal Code (hereinafter referred to as ' IPC ', for brevity) and Ss. 4 , 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO', for brevity).

(2.) It is the case of the prosecution that, one Smt. Mubasshirin has filed the complaint stating that she is residing in Church street, camp, Belagavi, in a rented house and her husband is working in Arab country. She is having 3 children including the victim girl aged

(3.) years 7 months. It is further stated that on 12/07/2021 due to ill-health of the complainant's mother-in-law, she was hospitalized in KLE hospital and the complainant used to visit KLE hospital daily. One of the aunts of the complainant was residing along with children. On 15/7/2021, as usual, the complainant went to KLE hospital and returned home. Thereafter, the complainant went to market and returned home at about 7:00pm. At that time, the complainant's aunt informed the complainant that the victim is having pain on her private part and urine is not passing easily. The complainant checked the private part of the victim girl and the said portion was red in colour. The complainant and said Reshma- aunt, took the victim girl to one Kahji's hospital, who told the complainant that there is infection and gave treatment. On 17/7/2021 at 11:00am, the complainant found that from the private part of the victim, blood was oozing with white liquid with foul smell. Immediately, the complainant took the victim to Tukkar hospital situated at Basawan Galli wherein after examination of the victim girl, the Medical Officer suggested the complainant to take the victim to Civil Hospital, as something mischief is done with private part of the victim.