SHASHIDHARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed by accused No.1 seeking grant of regular bail in Special Case No.5072/2025 arising out of Crime No.75/2025 registered for the offences punishable under Ss. 189(2), 191(1), 115(1), 352, 351(2)(3), 64, 74, 126 read with Sec. 190 of Bharatiya Nyaya Sanhita, 2023 (for shot 'BNS, 2023') and under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act'), pending on the file of III Additional District and Sessions Judge/Special Judge, Raichur sitting at Sindhanur.

(2.) The gist of the prosecution case is that CW-1, the victim, is aged below 18 years. It is alleged that accused No.1 had been insisting that CW-1 submit to sexual intercourse and, upon her refusal, he forcibly took her to a land on 21/5/2025 and committed rape. It is further alleged that when the parents and relatives of the victim questioned the petitioner, he insulted CW-1 as well as CW-4, CW-6 and CW-7, and also issued threats to the first informant. On the basis of these allegations, a complaint came to be lodged, culminating in registration of the present crime. After completion of the investigation, the Investigating Officer has filed the charge sheet. The primary allegation against the petitioner is that he committed rape on CW-1.

(3.) Learned counsel for the petitioner, adverting to the charge sheet materials, submits that the petitioner was arrested on 27/5/2025; he is barely 23 years of age and is in judicial custody. Attention of this Court is also drawn to the long-standing strained relationship between the petitioner's family and the second respondent's family. It is brought on record that the second respondent's family members have themselves been charge-sheeted for offences relating to outraging the modesty of the petitioner's mother, Dymavva, and for assaulting other members of the petitioner's family. They are now facing prosecution for offences punishable under Ss. 189(2), 191(2), 191(3), 126(2), 329(4), 74, 115(2), 118(1), 352, 351(2)(3), 109 read with Sec. 190 of the Bharatiya Nyaya Sanhita, 2023, and under Ss. 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.