This petition is filed by the sole accused

under Section 439 of The Code of Criminal

Procedure, 1973 (hereinafter referred to as the

8Cr.P.C.9, for brevity) seeking bail in Crime

No.153/2021 of Sankeshwar Police Station,

registered for the offences punishable under

Sections 366(A), 376(2)(J) and 376(2)(L) of

The Indian Penal Code (hereinafter referred to

as the 8IPC9, for brevity) and under Sections 4,

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5(K) & 6 of the Protection of Children from

Sexual Offences Act (hereinafter referred to as

the 8POCSO Act9, for brevity).

The case of the prosecution is that,

one Sadashiv Masti has filed complaint stating

that the victim girl is his daughter and she is

aged 17 years and she is mentally retarded and

he is having a son. It is further stated that on

01.09.2021 at about 11 O9clock his mentally

retarded daughter/victim girl and his son went

on a cycle to his relatives house for playing. It

is at about 4:00 p.m., his neighbour Jafar

Kulkarni

informed

him

that

this

petitioner/accused took both mentally retarded

victim girl and his son on his motorcycle to his

field. Immediately the complainant and Jafar

went to the field and saw his son sitting near

the well and on enquiry he told them that his

sister has been taken into sugarcane field. The

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complainant and Jafar saw that the petitioner

has removed his clothes and also the under

garments of the victim girl. After seeing the

complainant, the petitioner took his clothes and

ran away and the same came to be registered

in Crime No.153/2021 of Sankeshwar Police

Station

for

the

offences

punishable

under

Sections 354(A) and 354(B) of IPC and under

Sections 8 and 12 of POCSO Act. The petitioner

came

to

be

arrested

on

03.09.2021.

The

Investigating Officer after investigation has

filed charge sheet and now the case is pending

in

S.C.No.246/2021.

The

petitioner

filed

Criminal Miscellaneous No.1395/2021 seeking

bail and the same came to be rejected by the

learned III Additional District and Sessions

Judge, Belagavi by order dated 24.12.2021.

Therefore, the petitioner is before this Court

seeking bail.

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3.

Heard the arguments of the learned

counsel appearing for the petitioner and the

learned High Court Government Pleader for the

respondent No.1-State. Respondent No.2 who

was

present

on

the

previous

date

has

submitted

that,

he

has

no

objection

for

granting bail to the petitioner.

4.

The learned counsel for the petitioner

would contend that, in the compliant and in the

further

statement

of

complainant

dated

02.09.2021 there is no allegation of sexual

intercourse by the petitioner on the victim girl

but it is alleged in further statement of the

complainant dated 05.09.2021. Even mother of

the victim girl in her statement has not made

any allegation of sexual intercourse. In the

MLC, in the history column, it is mentioned that

the petitioner tried to sexually assault the

victim girl. The victim girl who was admitted to

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hospital on 02.09.2021 has been discharged on

03.09.2021 and the Doctor who examined the

victim girl has stated that vaginal smear for

spermatozoa 3 Negative, hymen not intact

(posterior old tear) and no fresh injuries noted.

The age of the victim girl as per Radiological

examination is more than 20 years and as per

Dental examination it is between 15 to 16

years. He has further opined that the lady is

used for an act like that of sexual intercourse.

The date of birth of the victim girl as per her

school records is 18.03.2004 and she was aged

17 years 6 months as on the date of the

alleged

offence.

The

victim

girl

in

her

statement

recorded

under

Section

164

of

Cr.P.C., has not stated any sexual intercourse

but she has only stated that the petitioner

caused pain on her private part. Even the

father of the victim girl has not stated any

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allegation

of

sexual

intercourse

by

this

petitioner on his daughter in his statement

recorded under Section 164 of Cr.P.C. The

brother of the victim girl who was present near

the spot, in his statement recorded under

Sectio