CHANDRASHEKARA Vs. STATE

JUDGEMENT

(1.) In this petition filed under Section 439 of Code of Criminal Procedure, petitioner arrayed as accused No.4 in Crime No.472/12 of H.A.L. Police Station, has sought for an order to enlarge him on bail.

(2.) Case of the prosecutionin brief is as under:

(3.) One Geetha alias Lavanya, daughter of informant Smt.Rama Devi was married to accused No.1- V.Bhaskar Reddy on 4.4.2001 at Thirupathi. From the said wedlock, she gave birth to a daughter and son in the year 2002 and 2003 respectively. From 2007, the said Geetha alias Lavanya and accused No.1 along with their two children started living in Bangalore in a rented house. On 18.11.2012, the said Geetha was admitted to Yashomathi Hospital with a history of fall in the bathroom and later she was shifted to Manipal hospital where she died on 27.10.2012. On 18.11.2012, Smt.Rama Devi, grand mother of two children visited Bangalore to see her grand children and at that time, the grand daughter said to have told her that her father viz., accused No.1 had sexually molested her. Shocked by the said revelations, she took the grand children with her to Chennai on 26.11.2012 with the consent of her son-in-law viz., accused No.1. Thereafter, on 5.12.12, Smt.Rama Devi lodged a report before the H.A.L. police requesting the police to take action against her son-in-law and also to help her to keep the custody of the two grand children with her. On the basis of the said report, H.A.L police registered a case in Crime No.472/12 initially for the offences punishable under Section 354 of Indian Penal Code against accused No.1- V.Bhaskar Reddy. It appears the said V.Bhaskar Reddy was arrested on 6.12.12 and he was enlarged on bail on 7.12.12 by the jurisdictional Magistrate. Thereafter, on 27.1.2013, the said Rama Devi stated to have submitted a detailed report before the Commissioner of Police, Bangalore, making serious allegations against her son-in-law and few others viz., T.K.Mallikarjun Reddy; Pani-a friend of T.K.Mallikarjun Reddy, a lady by name Sunitha V.A. and T.K.Mahesh Reddy. The said report was forwarded to HAL police, based on which, HAL police added the offences punishable under Sections 376, 504, 506 r/w Section 34 of Indian Penal Code and Section 23 of Juvenile Justice Act and Sections 3,4,7 & 8 of the Protection of Children From Sexual Offences Act, 2012 to the case already registered in Crime No.472/12 and took up investigation.