TIPPU, S/O SANAULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is said to be accused No.1 along with four others. It is alleged by the complainant that he is a tenant in the house of one Javera, since three years. On 28.11.2012 at 8.30 P.M. when he came back home he could not find his daughter Niha, who was aged 8. When he searched the house for her, he heard his daughter s cry from the terrace. On going there he found his daughter lying naked on the floor and the present petitioner was trying to violate her sexually. On seeing the complainant, the petitioner is said to have run away from there. The complainant was contemplating to report the matter to the petitioner s father and uncle, but it transpires that the petitioner along with five others came armed with deadly weapons and tried to assault the complainant apparently to prevent him from reporting the incident. It is on that basis a complaint has been registered against the petitioner. Accused Nos.2 to 5 have been enlarged on bail notwithstanding that there were allegations against them of trying to assault the complainant. The petitioner s bail petition however has been rejected by the Court below. It is in that background that the petitioner is before this Court.

(2.) The learned counsel for the petitioner would submit that except bald allegations of the complainant, there is no incriminating material that is made available. The allegation that the petitioner was seeking to commit rape on the complainant s daughter is imaginary. There is no indication of any injuries on the child or any signs of sexual violation. Hence, in the absence of incriminating material evidence, the petitioner has not committed any offence at all. Insofar as the alleged assault is concerned, the learned counsel would submit that accused Nos.2 to 5 having been enlarged on bail, the petitioner is also entitled to the similar relief.

(3.) Given the circumstances and the manner in which the incident is narrated, the same rings true. Therefore, notwithstanding absence of any incriminating material as claimed by the learned counsel for the petitioner, the petitioner has not made out any case for enlargement on bail. If not for the timely intervention of the complainant it was quite possible that a serious offence could have been committed by the petitioner.