PUNDALIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant being the sole accused is before this Court seeking grant of bail under Sec. 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'SC/ST (PA) Act'), in Crime No.28/2022 of Nelogi Police Station, registered for the offences punishable under Ss. 376(2)(n), 448, 504, 323, 506 of the Indian Penal Code (for short 'IPC'), along with Ss. 3(1)(r)(w)(i) and 3(2)(v) of SC/ST (PA) Act, on the basis of the first information lodged by informant.

(2.) The prosecutrix filed the first information against the accused alleging commission of the above said offences. The FIR was registered by Nelogi police station and investigation was undertaken. After investigation, charge sheet came to be filed. It is the case of the prosecution that accused developed intimacy with the prosecutrix and he used to visit her house and used to talk with her over phone. He asked the informant to come to the land of one Mallugouda and he has criminally intimidated her. Accordingly, prosecutrix went to the land and accused committed sexual assault. Thereafter, he committed sexual assault in the said land on the victim repeatedly. On 4/3/2022, the accused called the prosecutrix to the land at about 11.30 p.m. Accordingly, she went there and the accused committed sexual assault. Again on the next date i.e., 5/3/2022, the accused called the prosecutrix over phone and when the prosecutrix had not talked with him over phone, accused came to the house of the prosecutrix on the motorcycle bearing registration No.KA-32/ES-5414, abused her in filthy language by referring to her caste, since she belongs to Scheduled Caste and also assaulted her with hands and criminally intimidated. Thereby he committed the above said offences.

(3.) Heard Sri R. S. Lagali, learned Counsel for the appellant and Sri H. S. Shankar, learned High Court Government Pleader for the respondent-State. Perused the materials on record.