ANIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Sec. 439 of Cr.P.C., seeking for grant of bail in Crime No.13/2022 registered by Raibag Police Station for the offences punishable under Ss. 341 , 376(2)(I) , 376(2)(N) , 313 , 506 of Indian Penal Code (for short ' IPC ') and Ss. 4 and 6 of Protection Of Children From Sexual Offences Act, 2012 (for short 'POCSO').

(2.) Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.1-State. In pursuant to the notice respondent No.2 is present before this Court and objected the petition through learned High Court Government Pleader.

(3.) The case of the prosecution is that on the complaint of respondent No.2 before the Police on 14/1/2022 alleging that on 10/1/2022 the complainant herself and her husband went for labour work and returned back to home at about 8.00 p.m., at that time she saw that her daughter-victim girl aged about 14 years was sleeping by suffering pain. When they questioned, she stated that the accused/petitioner used to follow her whenever she going to school and on 27/7/2021 at about 5.00 p.m., when she was coming from school at that time the accused near sugarcane farm of one Hireholi dragged her by holding her hand and said to be committed forcibly rape on her and also threatened her not to disclosed anybody. Again on the next day morning at 9.00 a.m. when she was going to school again the accused came and took her and committed sexual assault on her and threatened her. The accused committed sexual assault on her about ten to fifteen times and therefore she become three months pregnant. When she was intimated the same to the accused by her, the accused advised her to eat raw papaya therefore she will get menses period and therefore abortion was occurred on continuous bleeding. Accordingly, the said incident came to the knowledge of the parents and they brought to the notice of elders of the area, then they decided to give complaint, accordingly the complaint came to be lodged on 14/1/2022. Subsequently, on 15/1/2022 the Police arrested the petitioner and he remanded to judicial custody. After investigating the matter the Police filed the charge sheet. The petitioner approached before the Session Judge for grant of bail, which came to be rejected and hence he is before this Court.