This petition is filed by the sole accused under

Section 439 of Cr.P.C., seeking bail in Crime No.188/2022

of Raibag police station for the offences punishable under

Sections 4, 5(k), 6 of POCSO Act, and under Section

376(2)(j), 376(2)(f), 376(2)(l), 341, 342 of IPC.

The case of the prosecution is that, one Vithal

Bhiamppa @ Bhima Hirekodi, the father of the victim-girl

has filed complaint stating that he is residing in his house

situated at Siddeshwar nagar along with his family

consisting

of

two

wives

and

eight

children.

The

complainant-Bharati who is the first wife has three

children including the victim-girl and he is married to

- 3 -

Gangavva who is his first wife9s sister who is having five

children. It is further stated that, the victim-girl is

mentally disabled, she is deaf and dumb by birth and due

to that she was not going to school and staying at home.

It is further stated that on 25.07.2022 at about 9.00 a.m.,

he and his first wife Bharati had been to coolie work and

his second wife along with the victim-girl was in the house

and other children had been to school. At about 4.00 p.m.,

when he came to the house, the victim-girl was not seen

at the house and on enquiry it was revealed to him that

since 3.00 p.m. she was playing outside and he started

searching her, and near the toilet room of the petitioner

he heard distressing voice and he knocked the door which

was locked from inside and after some time, the present

petitioner/accused ran away from the said toilet room and

he tried to apprehend him, but failed to do so. The

complainant saw his daughter victim-girl lying there with

her dress and innerwear in an inappropriate manner. It is

further stated that, the petitioner/accused has sexually

assaulted the victim-girl knowing that she is mentally

- 4 -

disabled i.e. deaf and dumb. It is further stated that,

because of the social stigma attached to his family for the

alleged act committed by the petitioner they did not

disclose the incident to anybody and on 26.07.2022 he

consulted

his

brothers

and

thereafter

lodged

the

complaint. The said complaint came to be registered by

the Raibag Police in Crime No.188/2022 for the aforesaid

offences.

The

petitioner

came

to

be

arrested

on

27.07.2022. He is in judicial custody. The petitioner filed

Criminal Misc. No.1125/2022 seeking bail and the same

came to be rejected by the Additional District and Sessions

Judge, FTSC-I, Belagavi, by order dated 30.08.2022.

Therefore, the petitioner is before this Court seeking bail.

3.

Heard the arguments of the learned counsel for

the petitioner and the learned HCGP for the respondent-

State.

4.

In spite of service of notice, the respondent

No.2 remained absent and un-represented.

- 5 -

5.

Learned

counsel

for

the

petitioner

would

contend that, there is a delay in filing the complaint. The

accused is innocent and he has not committed any offence

as alleged and he has been falsely implicated in the case.

It is his further submission that, even after the alleged

incident, the petitioner was in the village which itself

shows that, he is innocent and not committed any offence

as alleged. It is his further submission that, the Doctor

who examined the victim-girl has noted that, there are no

injuries over the Labia Majora, Labia Minora, Buttocks,

vagina. The hymen is intact and no bleeding, no tears and

rectum is intact and no bleeding and no tears. The Doctor

further noted that the vaginal smear is negative for

spermatozoa, vaginal swab and smear negative for

gonococci, USG3Abd and pelvis no sonological abnormality

and her dental age is 14-15 years and her skeletal age is

above 14 years and below 16 years. She has not attained

menarche. She cannot speak and hear. It is his further

submission that the very fact that there are no injuries

and hymen is intact itself shows that the allegations are

- 6 -

false. It is his further submission that the Doctor who

examined the petitioner/accused has stated that, there are

no external injuries over her bod