SHANTESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 439 of Cr.P.C., seeking bail in Crime No.42/2022 of Hansabhavi Police Station for the offences punishable under Ss. 376(2)(i)(n) , 506 of IPC and Ss. 4 and 6 of POCSO Act, 2012.

(2.) The case of the prosecution is that, the mother of the victim-girl has filed complaint stating that on 10/3/2022 in the evening she received a phone call from the staff of Moorarji Desai Residential School that her daughter is having pain in stomach and because of that, there is bleeding and asked to take her home. Further, on 11/3/2022 the mother of the victim-girl went to school at 12:00 noon and saw a dead body of a fetus which was thrown behind the girl's hostel and lodged a complaint before the Mundgod police. Thereafter, the complainant along with the staff of the hostel, admitted her daughter to the Government Hospital, Mundgod. That on 12/3/2022, in the morning again her daughter got pain in the stomach, at that time she asked her daughter what is the problem, she informed that, last year due to COVID, when there were holidays to School she had intimacy with the petitioner/accused who happens to be her relative. She further stated that, before one day of reopening of the school on 23/8/2021 i.e. on 22/8/2021, the petitioner came to her home and forced her not to go to school and removed her dress and had sexual intercourse with her. Thereafter frequently once in 2 to 3 days he had intercourse with her for 5 to 6 times and the petitioner threatened that he would kill her, if she informs the said incident to anyone in the house and therefore, she has not informed the said incident to anyone in the house. It is further stated that, on 9/3/2022 in the midnight at 1:30 a.m. she got stomach pain and back pain and due to heavy bleeding she gave birth to a baby and she thrown the baby outside the window of the hostel. The complainant after collecting the information from her daughter, lodged a complaint on 12/3/2022 before the Mundgod police station. The Mundgod Police registered the said complaint in Crime No.48/2022 for the offences punishable under Ss. 376 , 506 of IPC and Ss. 6, 10 and 12 of POCSO Act. Thereafter, the case was transferred from Mundgod Police Station to Hamsabhavi Police Station and the same was registered in Crime No.42/2022 for the aforesaid offences. The police after investigation filed the charge-sheet against this petitioner for the offences punishable under Ss. 376(2)(i)(n) , 506 of IPC and Ss. 4 and 6 of POCSO Act, 2012. The petitioner came to be arrested on 14/6/2022 and he is in judicial custody. The petitioner filed bail application in Special S.C.No.45/2022 and the same came to be rejected by Additional District and Sessions Judge, FTSC-I, Haveri, by order dtd. 3/9/2022. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondent- State.