KUMAR T. S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 376, 363, 307, 506 of IPC and also under Sections 4, 5(L) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 registered in respondent - police station Crime No.596/2016.

(2.) Brief facts of the prosecution case as per the complaint averments are, mother of the victim is the complainant in this case. She lodged the complaint narrating that the petitioner herein was the driver of the vehicle in which the daughter of the complainant used to go to school everyday in the morning at 9.30 a.m. and was getting her back home at 4.00 p.m. The petitioner was said to be sexually abusing and torturing her daughter with his hands and threatening her not to report the said incident to anyone, as otherwise, he would kill her and also the complainant. The husband of the complainant passed away on 28.2.2012 at St.Johns Hospital due to medical negligence, such being the case, the victim could not take the threat of killing herself and her mother. She has undergone torture from November 2011 to October 2012. When complainant changed the contract vehicle, the child used to be depressed and dull and after the driver left, she had improved. During March 2015, when her class annual exams were taking place either on 23rd or 24th March between 4.00 p.m. and 4.30 p.m., the driver(petitioner herein) has reappeared near the house and when the victim was playing with her friends, dragged her forcefully into the car and taken her to a lonely place near the railway track and raped her brutally and attempted to murder her and squeezed her neck. Some person going on a bicycle heard her screams and peeped into the vehicle and saw what was happening in the car and after sensing some crime, he tried to catch hold of the driver, but the driver started the car and drove away and the cyclist could not catch him. Thereafter, petitioner came near the house and pushed her down and has driven away. The complainant was under the impression that she must be playing with her friends. However, later she noticed that victim had fallen near the house and was crying and she thought that her playmates might have pushed her down while playing and she consoled her.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.