NIHAL 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.186/2022 of Muragod Police Station for the offences punishable under Sec. 376(2)(I), 506 of IPC and Ss. 4 and 6 of POCSO Act, pending in Special Case No.207/2022 on the file of the Additional District and Sessions Judge, FTSC-I, Belagavi.

(2.) The case of the prosecution is that, Smt. Mayawwa Shivappa Mugalihal, Anganawadi Supervisor of Yaragatti, has filed a complaint stating that, she received a phone call from one S.M.Ramnaiker, Head Constable, working in Muragod Police Station, informing her that the victim-girl who is the daughter of Dadasab Shelldar, aged 15 years 11 months has been subjected to sexual assault and they have received MLC from the District Hospital, Belagavi and the victim-girl and her parents are hesitating to give complaint. The complainant informed the same to her superiors and went to the Government Hospital, Belagavi and enquired with the victim-girl and her parents and none of them have given any information to the complainant. Then she enquired with the Doctor and the Doctor informed that the victim-girl is 10 weeks pregnant. Upon this information, she filed complaint which came to be registered in Muragod Police Station Crime No.186/2022 for the offences punishable under Ss. 376(2)(l) and 506 of IPC and Ss. 4 and 6 of the POCSO Act, against the unknown persons. During the investigation, the police recorded the statement of the victim-girl wherein, she has stated that this petitioner use to talk to her and tease her. That on 28/4/2022, when she was alone in the house, the petitioner/accused came and pulled her hand and had forcible sexual intercourse on her and threatened her not to inform the same to anyone. Subsequently, she started getting stomach pain and she informed the same to her parents who took her to the Hospital, wherein, she was diagnosed as pregnant. The petitioner came to be arrested on 9/7/2022 and he is in judicial custody. The petitioner filed Criminal Misc. No.1110/2022 and the same came to be rejected by the Additional District and Sessions Judge, FTSC-1, Belagavi, by order dtd. 1/9/2022. Subsequently, the police filed charge-sheet against this petitioner for the offences punishable under Ss. 376(2)(l) and 506 of IPC and Ss. 4 & 6 of the POCSO Act and now the case is pending in Special Case No.207/2022 on the file of the Additional District and Sessions Judge, FTSC-I, Belagavi. 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 respondentState.