SIDDIQI Vs. STATE

JUDGEMENT

(1.) This petition is filed by accused Nos.3 and 4 under Sec. 438 of the Code of Criminal Procedure, 1973, for granting anticipatory bail in Crime No.218 of 2022 registered by University Police Station, Kalaburagi, for the offences punishable under Ss. 366A , 376(2)(n), 506 and 323 read with Sec. 149 of the Indian Penal Code, 1860, and Ss. 4, 6 and 12 of the Protection of Children from Sexual Offences Act, 2012.

(2.) Heard the arguments of the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that, accused No.1 along with the petitioners and other accused persons used to come in front of the house of the victim in an open yard and insisted her to marry accused No.1 and when she refused for the marriage, accused Nos.1 and 2 gave life threat that if she does not marry accused No.1, they will commit sexual assault on her sisters. It is further contended that prior to three to four months of lodging of the complaint, accused Nos.1 and 2 forcibly took the victim to open yard situate near Maniyar Function Hall and committed aggravated sexual assault on her repeatedly and forcibly. On 17/8/2020 at 11.20 p.m., when the victim's sister was admitted in the District Hospital, accused Nos.1 and 2 insisted the victim to come along with them and when her father interfered, they assaulted him and forcibly took the victim and committed sexual assault on her repeatedly. After few days, victim's parents asked accused No.1 to bring his parents, who are accused Nos.3 and 4 and when they came, they started to beat the victim stating that it is victim's mistake and made criminal intimidation to eliminate the life of victim and her parents. Hence, the respondent- Police registered the case for the aforesaid offences.