SRI PULLNGADA BHEEMAIAH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is by the petitioner/accused under Section 439 of Cr.P.C. seeking to release him on bail of the alleged offences punishable under Section 376(2)(1) and 506 of IPC and Section 4 of POCSO Act, 2012 so also under Section 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 1989, registered in Crime No.30/2017 of Ponnampet Police Station.

(2.) The brief facts of the prosecution case is that: The victim girl is the complainant wherein she has stated that she had acquaintance with the present petitioner herein. She along with her mother used to go to his shop to purchase the groceries and on one occasion when she had been to the said shop, he touched her body, for which reasons she stopped going to the said shop. Further averments goes to show that she had one mobile phone given by the present petitioner. She had not shown the said mobile to anybody at home. While she was saving the names of other friends, her brother noticed the same and he shouted at her telling that he will see to it next day. Because of that reason and being afraid of her bother's words, she took some new clothes; left the house and came near the house of the petitioner. While she came there, it is alleged in the complaint that the petitioner took the victim inside the house and made her lie on the ground. Inspite of her protest, he committed forcible sexual intercourse on her. He gave her Rs.100/- asking her to go home and threatened that she should not disclose about the incident to anybody otherwise he will kill her.

(3.) On the basis of the said complaint, a case came to be registered for the alleged offenses.