FAKKIRESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No. 2 under Section 439 of the Criminal Procedure Code seeking his release on bail of the alleged offences punishable under Sections 376(2)(i) and (l) read with Section 34 of the Indian Penal Code and Section 4, 6 and 12 of the Protection of Children From Sexual Offences Act and also under Section 3(1)(w)(i), Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered in respondent/Police Station Crime No. 49/2017.

(2.) Brief facts of the prosecution case, that on 08.05.2017 at about 05.00 p.m. the petitioner herein took the victim girl who was aged about 15 years with him to his house and thereafter he pushed her into his house on the cot and closed the door and thereafter accused No. 1 went inside the house and the accused No. 2 the present petitioner was keeping watch in front of the said house. Then there was screaming noise of the said girl then the persons who were passing through the said place one person Kasheppa Gangappa Lamani and Kariyappa Madar who have seen accused No. 2, when he was taking the victim girl and questioned said accused No. 2 about the screaming of the victim girl, he replied that there is nothing inside the house and then they were entered the house of accused No. 2 and saw the victim girl lying on the cot and at that time accused No. 1 wearing the pant and he got down from the cot and went away. After seeing the same ultimately the complaint came to be filed on the basis of which case came to be registered.

(3.) Heard the arguments of the learned counsel appearing for petitioner/accused No. 2 and also the learned High Court Government Pleader for the respondent/State.