Parashuram Mohan Pawar R/o Kallammanagar v. State Of Karnataka
2020-09-28
SHIVASHANKAR AMARANNAVAR
body2020
DigiLaw.ai
JUDGMENT Shivashankar Amarannavar, J. - This petition is filed by accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.43/2020 of Yellapur Police Station (Spl. Case No.22/2020) pending on the file of Addl.District and Sessions Judge, FTSC-I, U.K.Karwar, (registered for the offences punishable under Sections 376, 506 of Indian Penal Code and Sec.4, 5(L) R/w Sec. 6 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity). 2. It is the case of the prosecution that, the victim girl had filed the complaint alleging that, she was studying in Government School in 09th standard and she was staying in Government Hostel and she failed in two subjects and therefore the hostel authorities have not permitted to stay in the hostel and thereafter it is alleged that, the complainant and her parents, relatives i.e., father and mother of the petitioner/accused told the parents of the complainant that, the victim girl may stay in their house and thereafter the victim girl /complainant stayed in the house of the accused. It is further alleged that, in the month of August-2019, when the complainant slept in the house and accused came to the room and taken her cloth upward and hold her mouth and had sexual intercourse and the complainant cried and the petitioner/accused has given her threat saying if the same is informed he will not leave her. At that time, the parents of the accused quarreled with the complainant victim girl and told her that after completing the examination she can go to her house and it is further stated that, in the month of December- 2019, after four months from August-2020 she went to the Hospital and came to know that she was pregnant and intended to lodge the complaint. Thereafter, the complainant's Father and Mother told that they cannot fight with the accused and told the complainant to keep quite and thereafter she visited to her aunt home and decided to lodge the complaint. In the month of February-2020, the complainant filed a complaint and the respondent police registered the case in Crime No.43/2020 for the offence punishable under Sections 376, 506 of Indian Penal Code and Section 5 (L) R/w Section 6 of Protection of Children from Sexual Offences Act-2012.
In the month of February-2020, the complainant filed a complaint and the respondent police registered the case in Crime No.43/2020 for the offence punishable under Sections 376, 506 of Indian Penal Code and Section 5 (L) R/w Section 6 of Protection of Children from Sexual Offences Act-2012. The, charge-sheet has been filed for the said offences. The petitioner filed bail application and the same came to be rejected by Additional District and Sessions Judge-FTSC-I, U.K., Karwar. Therefore, petitioner/accused is before this Court seeking bail. 3. Heard the arguments of learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 4. It is the contention of the learned counsel for the petitioner/accused that, the incident has taken place during August-2019. The Complaint came to be filed on 17.02.2020 and there is a delay in filing the complaint. It is his further submission that, the age of the victim girl is 16 years. It is his further submission that, the victim girl who became pregnant has delivered a baby. It is his further submission that, charge-sheet has been filed and therefore the petitioner is not required for any custodial interrogation. With this, he prayed to allow the petition. 5. Per contra, learned High Court Government Pleader has submitted that, the victim girl is aged 15 years 07 months on the date of incident. The victim girl was staying in the house of accused and making use of the same, the petitioner/accused has committed sexual intercourse on the victim girl during Augsut-2019 and subsequently by threatening her repeatedly had forcible sexual intercourse with the victim girl. It is her further submission that, due to act of the petitioner/accused, the victim girl became pregnant. It is her further submission that, the victim girl in her statement under Section 164 of Cr.P.C. recorded by Jurisdictional Magistrate has specifically stated regarding the sexual assault committed by the petitioner/accused on her repeatedly, as a result she became pregnant. It is her further submission that, the presence of petitioner/accused is required for collecting sample for DNA Test as the victim girl has given birth to a baby. It is her further submission that, the charge-sheet materials prima-facie establishes the offence alleged against petitioner/accused. It is her further submission that, if the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice. With this, she prayed to reject the petition.
It is her further submission that, the charge-sheet materials prima-facie establishes the offence alleged against petitioner/accused. It is her further submission that, if the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice. With this, she prayed to reject the petition. 6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge-sheet records. 7. As per the complaint averments and the statement of the victim girl and other prosecution witnesses, the victim girl was staying in the house of petitioner/accused in August-2019. The petitioner/accused had forcibly sexual intercourse with her in his house and subsequently by giving threat repeatedly had forcible sexual intercourse with victim girl 4 to 5 times and therefore she became pregnant. Even her parents did not support in filing the complaint and therefore she went to her relatives' house. Thereafter, she filed the complaint. There is an explanation for the delay in filing the complaint. Due to the act of petitioner/accused the victim girl became pregnant. Now the victim girl has given birth to a baby about 03 months ago. The presence of petitioner/accused is required for collecting blood samples for DNA Test. The petitioner/accused is related to victim and in relation he is uncle (Chikkappa) of the victim girl. 8. On looking to the entire charge sheet material, there is a prima-facie case against the petitioner for the offences alleged. If the petitioner/accused granted bail, there are chances of his threatening the complainant and other prosecution witnesses and repeat the said offences. 9. In the facts and circumstances of the case, this Court is of the view that there are no valid grounds to grant bail to the petitioner/accused. Accordingly, I proceed to pass the following: ORDER The petition is rejected.