MAHESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 439 of Code of Criminal Procedure seeking regular bail in Crime No.143/2023 dtd. 25/10/2023 registered by the Ferhatabad Police Station, Kalaburagi City for the offences punishable under Ss. 323, 354(A), 504, 506 read with Sec. 149 of Indian Penal Code and Sec. 8 of Protection of Children from Sexual Offences (POCSO) Act, 2012.

(2.) The brief facts of prosecution case are that, on 18/10/2013 at about 10.30 a.m., the husband of the complainant went to Nalwar village, for work, whereas the complainant went to coolie work and her eldest daughter (victim) aged 15 years old and another daughter aged 7 years old went to sugarcane field for watering sugarcane field. At that time, one Mahesh i.e., the petitioner herein who is also the adjacent land owner, came to close to the victim girl and tried to pinch her breast by putting his hand on her trunk thereby tried to outrage her modesty. Suddenly, the victim girl ran away with her younger sister towards Surubai Goudati's field for shelter. Thereafter, the victim called the complainant i.e., her mother and the complainant rushed to the said place and informed the incident to her husband at about 6.00 p.m. in the evening. Later, they narrated the incident before their community leaders. Thereafter, the complainant called for a Panchayat in the village. However, the petitioner/accused abused the complainant and her husband and also assaulted on the complainant's husband on his back and stomach thereby caused injuries on the person of the complainant's husband. Hence, she lodged a complaint before the respondent-Police on 25/10/2023 against the petitioner and four others and same is registered in Crime No.143/2023 by the respondent-Police against the petitioner and others as stated supra. Subsequently, the respondent-Police arrested the petitioner on 26/10/2023 and based on his voluntary statement conducted further investigation in the matter and laid charge-sheet before the jurisdictional court for the aforementioned offences. Being aggrieved by the same, the petitioner approached the learned Special Judge for grant of bail in Crl.Misc.No.336/2024 and the same came to be rejected by the learned Special Judge vide order dtd. 11/3/2024. Hence, the petitioner preferred this petition for grant of regular bail.

(3.) Heard the learned counsel for the petitioner and Sri Rajkumar A. Korwar, the learned High Court Government Pleader for respondent-State.