SHASHI AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are the accused Nos. 2 and 3 in Crime No. 29/2015 of Amingad Police Station, Hungunda Circle, Bagalkot registered for the offences punishable under Ss. 376(2) (i), 506, 109 read with Sec. 34 of IPC and Ss. 6, 8, 10, 12 and 14 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012).

(2.) The case of the prosecution is that on 01.04.2015 at about 12:00 noon, the de facto complainant approached the respondent - Police with handwritten complaint said to have been written by one B.V. Ramadurga alleging that one Vasant had came to her house along with Sharanamma and the said Sharanamma requested her daughter to collect firewood and she refused to send her daughter Netra, who is the minor victim. It is further alleged that in her absence, the accused and the said Sharanamma have convinced the victim to accompany them and when they had gone for collecting the firewood, the first accused is said to have taken the victim behind the trees and holding her hands forcibly committed rape on the minor victim. The incident is alleged to have taken place on 29.03.2015. It is further alleged that the victim returned home at 12:30 p.m., she was looking tired and slept, even on the morning of 01.04.2015 she looked very tired and at about 7:00 a.m. she started crying and on enquiry she informed that yesterday the accused had taken her for collecting firewood and the accused took her behind the trees and committed the heinous act and accused Nos. 2 and 3 have taken the photographs of her on their mobile phone when she and accused No. 1 were lying in the nude. Thereafter, accused threatened her not to disclose the same to anybody, otherwise they would kill her or publish the photographs in the school and the bus stand. On these allegations, the above crime number came to be registered. Accused Nos. 2 and 3 who are petitioners before this Court were arrested on 23.04.2015.

(3.) The accused have approached the trial Court and the trial Court was pleased to reject the bail application on the ground that the final FSL report is awaited and also on the ground that the accused persons have committed a heinous crime, and if they were enlarged on bail, it would send a wrong message to the society.