Karnataka High Court
Shri. Ajit Basappa Alias Basavaraj ... vs The State Of Karnataka on 12 August, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 12 t h DAY OF AUGUST 2022
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102060/2022
BETWEEN:
SHRI. AJIT BASA PPA @ BASAVARAJ BANDIVADDAR
AGE: 27 YEARS , OCCUPATION: COOLIE,
R/O. GANDHI NAGAR, KHANA PUR- 591302,
TALUKA-KHANAPUR, DISTRICT BELA GAVI.
...PETITIONER
(BY SHRI. DEEPAK S. KULKARNI , AD V.)
AND:
1. THE STATE OF KARNATAKA
THROUGH, PSI, KHANAPUR POLICE S TATION,
TALUKA-KHANAPUR & DISTRICT-BELAGAVI,
REPRES ENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH,
DHARWAD.
2. SHRI. D URGA PPA RAMESH KOPPA LK AR
AGE: 39 YEARS , OCCUPATION: A GRI CULTURE,
R/O. VINAYAK NA GAR, SAMPAGA ON,
BAILHON GAL - 591102,
TALUKA-BAILHON GAL & DISTRICT-BELAGAVI .
... RES PONDENT
(BY SRI.PRASHAN TH V. MOGA LI, HCGP FOR R1;
SRI. S. B. PATIL, ADV. F OR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. SEEKING TO T HAT T HE ACCUSED/ PETI TIONER
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MAY BE ENLARGED ON BAIL IN THE SPECIAL CASE
NO.73/ 2022 (KHA NAPUR P.S . CRIM E NO.14/ 2022) , FOR THE
OFFENCE PUNISHABLE UND ER SECTIONS 376, 506 OF IPC
AND UNDER SECTIONS 4 AND 6 OF POCSO A CT , 2012
PENDING BEFORE THE III ADDITIONAL DISTRICT AND
SESSIONS J UDGE AND SPECIAL POCSO COURT , BELA GAVI.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, T HE COURT MADE THE F OLLOWING:
ORDER
This petition is filed by the sole accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for brevity) seeking bail in Crime No.14/2022 of Khanapur Police Station, registered for the offences punishable under Sections 376, 506 of The Indian Penal Code (hereinafter referred to as 'IPC', for brevity) and Sections 4 and 6 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act', for brevity).
2. The case of the prosecution is that, victim girl aged about 13 years has filed a complaint stating that since January of last year she was in the 3 house of her father's sister situated at Gandhinagar of Khanapur to lookafter her aunt's daughter. The husband of her aunt started touching her body whenever her aunt was not in the home. The victim girl asked the petitioner-accused not to do so as she has been adolescent. On 19.12.2021 during the afternoon at 1:00 p.m, when there was no one at home, petitioner-accused came near her and started removing the clothes and even on her request not to do so, he removed her clothes and committed the sexual intercourse on her against her will. Again on 26.12.2021, when there was nobody in the house, accused committed sexual intercourse on her and threatened her of killing her in the event if revealed the sad fact before anybody. Hence, she kept quite. Later on 28.12.2021, her parents took her to their home at Sampagavi. But, she would not talk anybody in her home. However, on an enquiry by her mother over her silence, she revealed the facts happened. 4 Thereafter, the victim girl has filed the complaint, which came to be registered in Crime No.14/2022 for the aforesaid offences.
3. The petitioner came to be arrested on 27.01.2022 and he is in judicial custody. Thereafter, charge-sheet has been filed for the offence under Sections 376, 506 of IPC and Sections 4 and 6 of POCSO Act against the petitioner. The petitioner had filed Criminal Miscellaneous No.661/2022 seeking bail and the same came to be rejected by the learned Addl. District and Sessions Judge-FTSC-I, Belagavi vide order dated 27.06.2022. Therefore, the petitioner-accused is before this Court seeking bail.
4. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent No.1- State and learned counsel for respondent No.2. 5
5. It would be the contention of learned counsel for the petitioner that there is a delay of 37 days in filing the complaint. The victim girl has not disclosed the alleged act of the petitioner-accused when she was taken back by her parents on 28.12.2021. Even the victim girl has not complained to her aunt regarding the act of this petitioner. It is his further submission that the petitioner's wife has married him against the whishes of her parents and subsequently, she demanded her share in the property and petitioner supported for the same. Therefore, a false complaint has been filed. There are eye witnesses to the incident and the entire case is based on circumstantial evidence. It is his further submission that the doctor who examined the victim girl has noted the hymen is not intact and it may also caused due to other reasons apart from the sexual intercourse. As the charge sheet is filed, the petitioner is not required for custodial interrogation. 6 The petitioner is having wife and children to lookafter. With this, he prayed to allow the petition.
6. The learned counsel for respondent No.2 submits that respondent No.2 has no objections to grant bail to the petitioner.
7. Per contra, learned High Court Government Pleader would contend that the victim girl is aged 13 years and she is close relative to this accused, who was residing in his house as care taker of his daughter. In the absence of his wife, the petitioner has committed forcible sexual intercourse with the victim girl twice on 19.12.2021 and second time on 26.12.2021. It is his further submission that due to threat given by this petitioner, the victim girl has not disclosed even to her parents and subsequently on repeatedly enquiry she disclosed to her parents, therefore there is delay in filing the complaint. It is his further submission that the doctor who examined 7 the victim girl has noted that the hymen is no intact. In the statement of victim girl recorded by the Magistrate under Section 164 of Cr.P.C. has specifically stated the acts of forcible sexual intercourse by this petitioner on her. It is his further submission that the charge sheet material shows prima facie case for the alleged offence against him. If the petitioner is granted bail, he will tamper the prosecution witnesses. With this, he prayed for dismissal of the petition.
8. Having regard to the submissions made by learned counsel for the petitioner and learned High Court Government Pleader, this Court has gone through the charge sheet papers.
9. The victim girl is aged 13 years as on the date of offence. The petitioner/accused as per the charge sheet is aged 26 years. The petitioner is a married person and his wife is aunt of this victim 8 girl. The victim girl has been brought by the wife of the petitioner to their house to lookafter a small kid in their house. The victim girl in her statement recorded under Section 164 of Cr.P.C. and also before the Police specifically stated that the petitioner/accused has committed forcible sexual intercourse on 19.12.2021 and 26.12.2021 when there were no body in the house. The victim girl has not disclose the said aspect to anybody including the aunt or parents, as the petitioner given threat to her and therefore the delay is caused in filing the complaint. The doctor who examined the victim girl has stated that the hymen is not intact. The said statement also corroborates with the statement of victim girl.
10. On perusal of the entire charge sheet material, prima-facie case is made against the petitioner/accused. Therefore, the petitioner/accused is not entitled for grant of bail.
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11. Accordingly, the petition is dismissed.
Sd/-
JUDGE AM-Para 01 to 05 SMM-Para 06 to till end