BASEERSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This successive bail petition is filed by the sole accused under Sec. 439 of Cr.P.C., seeking bail in Crime No.39/2020 of Women Police Station, Dharwad, for the offences punishable under Ss. 376 , 305 , 506 of IPC and Sec. 4 of POCSO Act, 2012.

(2.) The case of the prosecution in brief is that, one Purnanandayya the father of the deceased victim-girl has filed a complaint stating that his daughter aged 15 years staying with him in Farm House along with other family members. That on 30/7/2020 at 2.30 p.m. when all members were there in home, the victim-girl said that she will go to Patreppajjan temple and accordingly she went and came back at 3.30 p.m. Her nighty was stained with mud and on questioning she told that while coming back from temple she slipped and fell down, therefore, there were mud stains. It is further stated that, on the next day i.e. on 31/7/2020 at 6.00 a.m., when complainant and his wife were in their bedroom, the victim-girl came and started crying. On questioning, she informed that yesterday when she had been to temple, accused all of a sudden came and closed her mouth with his hands and took her on his shoulder near a sugarcane field by threatening her that he will kill her and thereby committed sexual assault. Then complainant and his wife after hearing the same consoled the victim and told her to wash her face and will go to Hospital. Victim-girl agreed to the same and went to the bathroom. The complainant and his wife heard the sound of victim vomiting in the bathroom and when they went to the bathroom, they saw that the victim has consumed herbicide and was taken to Kittur Government Hospital for treatment. The Doctor on examination suggested to take her to Dharwad Government Hospital. On the same day, she was admitted in Dharwad Government Hospital. But she died during treatment on 2/8/2020 at 6.30 a.m. The said complaint came to be filed on 2/8/2020 and registered in Crime No.39/2020 for the offences punishable under Ss. 376 , 305 , 506 of IPC and Sec. 4 of POCSO Act. The accused came to be arrested on 3/8/2020. The Investigating officer has filed the charge-sheet for the aforesaid offences. The accused filed bail application in Spl. AC No.32/2020 and same came to be dismissed by the II Additional District and Sessions Judge and Special Judge, Dharwad by order dtd. 19/12/2020. This petitioner earlier filed Criminal Petition No.100386/2021 seeking bail and the same came to be rejected by this Court vide order dtd. 1/6/2021. Thereafter, the petitioner filed bail application before the trial Court and the same came to be rejected by order dtd. 17/12/2021. 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.