BHEEMRAYA Vs. STATE

JUDGEMENT

(1.) This petition is filed under Sec. 438 of the Code of Criminal Procedure, 1973, (for short hereinafter referred to as ' Cr.P.C .') seeking to enlarge the petitioners who are arraigned as accused Nos.2 to 4 on anticipatory bail in the event of their arrest in Crime No.46/2022 of Kalaburagi City Woman Police Station, registered for the offences punishable under Ss. 366(A), 376 (2) (n), 506 and 109 read with Sec. 34 of Indian Penal Code, 1860 (for short hereinafter referred to as ' IPC ') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short hereinafter referred to as 'POCSO)

(2.) The above said case came to be registered against the petitioners on the basis of complaint filed by respondent No.2 - Raju s/o Pandurang Singe, who is the father of victim girl. The petitioners No.1 and 2 are the parents of the accused No.1 and accused No.3 is the brother of accused No.1. The complainant stated that he has got two daughters and one son. The accused persons are residing just by the side of his house. Accused No.1 is aged of 21 years. He was teasing the victim girl. Then he was advised not to tease his daughter. It is further alleged that the complainant has also advised to the family members of accused No.1. But the accused No.1 never stopped his activities.

(3.) It is alleged that complainant was informed by the victim girl that on 10/2/2022 at about 11.00 p.m. accused No.1 called the victim girl and subjected her to sexual intercourse behind the house of the victim. It is further contended that the accused No.1 number of times subjected victim to sexual intercourse forcibly by threatening her. The victim girl further informed that on 19/5/2022 the accused No.1 told the victim that they will leave the house and will go some other place. On 20/5/2022 the victim girl informed her parents regarding sexual intercourse on her by petitioner. Hence, the first informant who is father of victim has filed the complaint against the accused No.1 and his family members. The accused No.1 is in judicial custody. The bail petition of the petitioners is rejected by the Sessions Court. Hence, the petitioners have filed this petition.