SAHADEV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused (petitioner) under Sec. 439 of Code of Criminal Procedure, 1973 ('CrPC' for short) for grant of regular bail in Crime no.240/2023 of Dharwad Rural Police Station for offences punishable under Ss. 376 (2) (n) and 506 of Indian Penal Code, 1860 ('IPC' for short) and Ss. 5 (l) and 6 of Protection of Children from Sexual Offences Act, 2012 ('POCSO' for short).

(2.) Sri Basavaraj K. Mathapati, learned counsel for petitioner submitted prosecution case was that on 29/9/2023 at 8.00 a.m., complaint was filed by Smt.Shantavva W/o Nagaraj Kurabet that when her daughter (victim) was suffering from stomach ache and taken to District Hospital, Dharwad, she was found to be five months' pregnant. On enquiry, victim revealed that at 7.00 p.m. on 16/2/2023, when victim was home alone, petitioner came there told her that he liked her since long and intended to marry her and asked her to have sexual intercourse with him. When she refused, he threatened to kill her and her family members and thereafter had forcible sexual intercourse with her. He also threatened against revealing same to anyone. Likewise he had sexual intercourse with her repeatedly and that he had also taken her on his motorcycle to Mango Grove in IIT compound and had sexual intercourse with her there. Due to fear, she had not disclosed same to anybody and sought for taking action. Based on said complaint, Crime no.240/2023 was registered by Dharwad Rural Police Station for offences punishable under Ss. 376 (2) (n) and 506 of IPC and Ss. 5 (l) and 6 of POSCO.

(3.) It was submitted, date of incident was 16/2/2023 whereas complaint was filed on 29/9/2023 after delay of seven months without proper explanation. It was submitted, in her statement recorded under Sec. 164 of CrPC, victim stated that on 16/2/2023 at 7:00 p.m., petitioner had sexual intercourse with her under threat and that he had also taken her to Mango Grove near IIT compound and that he had got her mobile phone. It was submitted, in her statement recorded during counseling at District Child Protection Unit on 3/10/2023, she stated that she was studying in IX Std. at Konanatambigi Government High School, Haveri, while petitioner was from Chikkamalligawad, whom she was acquainted with since Aiyappa Swamy pooja previous year. When he had expressed his love and interest towards her, she had said yes. Same would indicate that sexual intercourse between them was with consent.