RANGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused in Spl.C. No.125/2022 pending before the Court of Additional District and Sessions Judge (FTSC - 1), Tumakuru arising out of Crime No.10/2022 registered by Gubbi Police Station, Tumakuru for the offence punishable under Sec. 376 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ' for short) and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short) is before this Court seeking regular bail.

(2.) Heard the learned counsel for the parties.

(3.) On the complaint of victim girl dtd. 26/1/2022, FIR in Crime No.10/2022 was registered by Gubbi Police Station, Tumakuru for the aforesaid offences against the petitioner. In the complaint it is averred that the complainant was residing with her parents and in the month of April 2021, they had shifted to a rented house at Kodibasaveshwara Street, Nitturu at Gubbi Taluk and she was admitted to Nitturu Sri. Siddivinayaka High School for her studies. Her parents were doing coolie work and they used to go out from house at about 8.30 a.m. and return at about 5.30 p.m. She got acquainted with the petitioner, who was doing onion business on the road side. The petitioner allegedly used to talk to the victim girl and also give her chocolates. When the victim girl was playing, petitioner allegedly called her and took her near a pupil tree and thereafter had sexual intercourse with her against her wish. The said act was repeated thereafter on 2-3 occasions. On the day of independence in the year 2021, the petitioner allegedly sexually assaulted the victim girl for the last time. Thereafter, she complained about stomach-ache and she was taken to the hospital and the Doctors in the hospital informed her mother that the victim was pregnant by five months. It is under these circumstances, the complaint was lodged on 21/6/2022. The petitioner was arrested on 27/1/2022. His bail application in Crl. Misc. No.296/2023 was rejected by the Additional District and Sessions Judge (FTSC-1), Tumakuru on 16/3/2023. Under these circumstances, the petitioner is before this Court.