CYRIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is accused has filed this petition under Sec. 439 of Cr.P.C. to release him on bail in Special Case No.226/2024 (crime No.68/2024) of Khanapur P.S. for the offences punishable under Ss. 366A, 376(2)(n), 506 of IPC and Sec. 4 of POCSO Act pending on the file of the Addl. District and Sessions Judge, FTSC-I Belagavi.

(2.) In support of his petition, the petitioner has contended that he has not committed the alleged offences. Already charge sheet is filed. The alleged incident is dtd. 9/10/2023. However, compliant is filed on 21/3/2024, There is inordinate delay in lodging the complaint. In fact, on the basis of complaint filed by the father of the prosecutrix, on similar allegations, case is registered in crime No.67/2024 on 21/3/2024 against one Vishnu Parashram Kadolkar for the offences punishable under Ss. 366A, 376(2)(n) of IPC and Sec. 4 and 6 of POCSO Act and charge sheet is filed in Special Case No.225/2024. The prosecutrix and her parents are working in the brick kiln belonging to Vishnu Parashram Kadolkar and the in order to save the said Vishnu Parashram Kadolkar, a false complaint is filed against the petitioner. The mother of the prosecutrix namely, Priya has filed a complaint against one Austin Musqurin of Sangargalli village, Khanapur alleging offences punishable under Ss. 376, 323 and 324 of IPC and charge sheet is filed in S.C.No.142/2022. While giving statement in the said case, the prosecutrix has wrongly stated the name of petitioner as Cyril Gustin Musqurin.

(3.) Learned HCGP submitted oral objections stating that the prosecutrix is aged 14 years. After finding that she has missed her periods and her stomach is bulging, when her mother enquired her, she disclosed that she was raped by the petitioner while at his house on 9/10/2023 and he gave threat not to disclose the said fact to anyone. She also disclosed the fact that on 21/10/2023 when prosecutrix went to graze buffaloes in her field, one Vishnu Parashram Kadolkar raped her and on subsequent dates he took her to his farm house and committed sexual assault on her on several occasions. As against Vishnu Parashram Kadolkar, a case is registered in crime No.67/2024 and charge sheet is filed. After completing investigation, the charge sheet is filed against the petitioner. The FSL report is awaited. The allegations against the petitioner are very serious. The persecution witnesses including the prosecutrix and her parents are yet to be examined. If released on bail, there is every likelihood of they being threatened with and tampered and pray to reject the petition.