JUDGMENT

P.N.Desai, J. - The petitioner has filed this petition under section 439 of Code of Criminal Procedure seeking grant of bail in respect of Spl (P) Case No.310/2020 pending on the file of I Addl. Sessions Judge, Raichur for the offences punishable under Sections 376 & 506 of Indian Penal Code, Section 4 of Protection of Children from Sexual Offices Act, & Secs. 3(1) (r) (s) (w), (i) 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocity's) Act.

2. It is the case of the prosecution that, on 17-04-2020 at about 10.00 a.m., near the house of the accused at Kallur village, the complainant-prosecutrix i.e., victim girl aged about 15 years and her sister Monika who is aged about seven years went near the house of accused to bring cow-dung, when they were fetching the cow-dung, at that time, accused came there and he gagged the mouth of the victim girl with the towel which was on her chest. It was about 10.30 a.m., he took the victim to adjacent haystack and made her to fall on the surface and pulled her lunga towards upper side and forcibly committed sexual assault and rape on the victim girl without her consent and wish, though she tried to escape, the accused