SOMASHEKAR Vs. STATE

JUDGEMENT

(1.) Accused in Spl.C.No.279/2023 pending before the Court of Addl. District & Sessions Judge, FTSC-I, Hassan, for the offences punishable under Ss. 448, 504, 305 of IPC, Sec. 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Sec. 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Atrocities Act'), arising out of Crime No.67/2023 registered by Sakaleshpura Rural Police Station, Hassan District, is before this Court under Sec. 439 of Cr.PC.

(2.) Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1. Respondent no.2/defacto complainant though served in the matter, has remained unrepresented.

(3.) The defacto complainant, who belongs to Scheduled Caste community, had approached Sakaleshpura Rural Police Station and submitted a typed complaint dtd. 17/3/2023 at about 3.00 p.m., alleging that the petitioner who is the resident of their village was pestering her minor daughter aged about 17 years to love him. On 17/3/2023 at about 11.00 a.m., petitioner allegedly came to the house of the complainant and called out her minor daughter's name. When the complainant inquired with him about his whereabouts, he informed her that he was the lover of her daughter. Complainant and her brotherin-law Praveen advised the petitioner, but he went inside the house of the complainant and quarreled with her minor daughter and started pestering her to love him. Since the complainant's daughter did not agree, petitioner allegedly abused her and threatened her with dire consequences to her life and went away. Complainant's daughter who got ashamed due to the said incident, went inside the house and allegedly committed suicide by hanging herself with a saree. It is under these circumstances, complainant had approached the police and submitted the typed complaint, based on which, FIR was registered in Crime No.67/2023 against the petitioner herein and another initially for the offences punishable under Ss. 306, 504, 34 of IPC, Sec. 12 of the POCSO Act and Sec. 3(2)(va) of the Atrocities Act.