(1.) This successive petition is filed by sole accused under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in crime No. 126/2020 of Muragod Police Station for the offence punishable under Sec. 376(2)(i)(o) , 506 of IPC and Sec. 4 and 6 of the POCSO Act.
(2.) The case of the prosecution is that one Smt. Neelavva has filed a complaint stating that she is resident of Chikkoppa village along with her family members and her daughter victim girl is aged 15 years and studying in 9 t h class. As the schools are closed, she is staying at home. It is further stated that on 9/6/2020 her daughter complained about stomach pain and she along with another lady took the victim girl to Government Hospital at Muragod. The Doctor examined the victim girl and told that she is six months pregnant. The complainant enquired with the victim girl and she revealed the name of the petitioner and further told that on 12/12/2019 when the complainant had gone to Savadatti Yallamma temple the petitioner accused came to their house and told that he is going to marry her and committed forceful sexual intercourse and hence she has become pregnant and he threatened her with dire consequences if she informed this to her parents and therefore she had not informed the same to anyone. The said complaint came to be registered in crime No. 126/2020 for the aforesaid offences. The petitioner came to be arrested on 11/6/2020. The petitioner filed bail application in Crl.Misc. No. 613/2021 and the same came to be rejected by the III Additional District and Sessions Court, Belagavi by order dtd. 23/6/2021. The petitioner/accused earlier had filed Criminal Petition No.101235/2021 seeking bail and the same came to be rejected by this Court by order dtd. 15/7/2021. The petitioner filed Criminal Miscellaneous No.575/2022 seeking bail and the same came to be rejected by learned Additional District and Sessions Judge, FTSC-1, Belagavi by order dtd. 27/6/2022. Therefore, the petitioner is before this Court seeking bail.
(3.) Heard the arguments of learned counsel appearing for the petitioner, learned counsel appearing for respondent No.2 and learned High Court Government Pleader for the respondent Nos.1 and 3.