BHARATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by petitioner -Accused No. 2 under Section 439 of Cr.P.C. seeking her release on bail of the alleged offences punishable under Sections 376(1), 376(2)(i), 370(2), 344 R/w. Section 34 of IPC and Sections 4 and 6 of Protection of Children from Sexual Offences Act, registered in respondent police station Crime No. 232/2015.

(2.) BRIEF facts of the prosecution case are that on 14.03.2015 one girl by name Soumya @ Sonia D/o. Savant Harijan resident of Mamadapur Taluka Chikodi, aged about 14 years joined Government Girls Primary School at Saundatti. On 17.04.2015 her mother took her to their village for a week. After lapse of two months she returned back the School i.e. on 19.06.2015. She lied regarding her maturity. Doubting on the same, on 08.08.2015 the complainant made medical checkup of Soumya by B.S. Kalled and it was disclosed that, she was conceived and it was confirmed after medical checkup at Government Hospital, Saundatti. After making due enquiry she disclosed that, when she went along with her mother one month later on 07.05.2015 when she and her friend Vidya resident of Gokak were standing at Ghataprabha Railway Station, at about 1.00 noon, one person by name Ashok resident of Meerapuratti who is known to her aunt took them in train to Belagavi to celebrate festival at their place. At their home his wife Bharati was also present. Subsequent day male members started to visit the house. Bharati wife of Ashok forced the victim girl to sleep with the visitors and she slept with them as per the say of Bharati. After ten days, Ashok left them in Railway Station and she went to her village Ghataprabha Railway Station. On the basis of these allegations a complaint was registered for the alleged offences.

(3.) LEARNED counsel for the petitioner/accused No. 2 made the submission that so far as the allegation under Section 376, which is serious allegation, was made against accused No. 1 -Ashok. He made the submission that this petitioner/accused No. 2 has been shown as the wife of one Ashok. But he submitted that looking to the correct name of the said person it prima facie goes to show that the present petitioner is not wife of the said Ashok against whom allegations are made in the complaint. Hence, he submitted that the petitioner is innocent and she was not at all involved in committing the alleged offences and about her identity she was also involved in the case it is yet to be ascertained during the course of the trial. Hence, he submitted as no prima facie case is made out against the preset petitioner, by imposing reasonable conditions she may be enlarged on bail.