NAGRAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No. 1 under Section 439 of the Code of Criminal Procedure seeking his release on bail of the offences punishable under Sections 376-D, 376(2)(i), 506 read with 34 of IPC and under Section 6 of Protection of Children from Sexual Offences Act, 2012, registered in respondent-Police Station Crime No. 218/2016.

(2.) Brief facts of the case are that one Smt. Dyamavva (who is examined as P.W.1), wife of Mahadevappa Madar, filed a complaint alleging that she is having two daughters and a son by name Parashuram; her elder daughter i.e., Fakkiramma has been given in marriage and the second daughter by name Rekha has studied upto 7th standard and discontinued the studies and is staying in the house. It is further alleged that the complainant and her husband are doing coolie and earning their livelihood. It is further alleged that Rekha, the second daughter aged about 14 years attained puberty one year back; that 10 to 12 days back i.e., on 18.08.2016 her daughter was vomiting and she even did not had monthly course. Therefore, the complainant, along with one Ratnavva, took her second daughter Rekha to Shiggaon Government Hospital, where a lady doctor, who examined Rekha, stated that she was pregnant. It is also alleged that after returning to the village, the complainant questioned her daughter Rekha, then she stated the names of three accused persons i.e., the present petitioner and two others and they committed sexual intercourse one after another in their house, near haystack and also near High School. It is also alleged that the above said persons threatened Rekha of assault and life threat and, therefore, she did not disclose about the same to anybody. It is also alleged that fearing for the prestige of the family, they kept quite. Some of the villagers came to know about the said incident and persons from Children Help Line came to the house of the complainant and gave legal knowledge and thereafter a complainant came to the police station along with the persons from Women and Children Development Department and filed the complaint on 29.08.2016. On the basis of the said complaint, a case came to be registered in the respondent-police station in Crime No. 218/2016 for the alleged offences. Subsequently, the Investigating Officer, after conducting and completing the investigation, filed the charge sheet against the accused persons for the aforesaid offences. Accused Nos. 2 and 3, who claimed to be juvenile as on the date of the incident, their case was sent to Juvenile Justice Board to try in accordance with law.

(3.) The Sessions Court framed the charge sheet against the accused and the trial was commenced. Totally 12 witnesses have been examined and the case is stated to have been posted on 20.09.2017 for further evidence of the prosecution.