B.GOWRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/ accused No.2 under Section 439 of Cr.P.C. to release her on bail in Crime No.367/2018 (Special C.C.No.742/2018) of Kadugondana Halli Police Station for the offences punishable under Sections 506, 376(A), 376(B), 377, 323 of Indian Penal Code and also under Section 4 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the 'POCSO Act' for short).

(2.) I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State. Though notice has been served to the complainant through police, she has remained unrepresented.

(3.) The gist of the complaint is that the daughter of the complainant got admitted to Foundation Trust of accused No.1. During holidays victim came to her house and she was very much depressed and she found some irregularities in her health condition. On enquiry the victim stated about the act of the petitioner/accused sexually assaulting her. It is further alleged in the complaint that when her daughter was staying in the Foundation School accused No.1 used to commit forcible sexual intercourse with her and as a result of the same, there was vaginal bleeding and victim when screamed having frightened about the incident, accused No.1 used to threatened her and used to tell that nothing is going to happen, in turn, called accused No.2, who is working as helper under accused No1 in the said institution asked her to take away the victim and directed accused No.2 to give diaper to the victim and she also used to threatened the victim girl. On the basis of the complaint, a case has been registered.