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.43/2022 of Amengad Police

Station, registered for the offences punishable under

Sections

376

and

448

of

The

Indian

Penal

Code

(hereinafter referred to as the 8IPC9, for brevity).

2.

The

case

of

the

prosecution

is

that,

one

Smt.Tippawwa W/o. Siddappa Shadlageri R/o. Kunibenchi

Village in Hungund Taluk has filed a complaint stating

that, 25 years back she married one Siddappa Shadlageri

and got three children and her sister was deaf and dumb

by birth and hence she also married her husband and got

2 children. All family members know the action by hand of

her sister and complainant9s son Krishna is living with her

sister and

two sons at Kunibenchi Village and the

3

complainant her husband and 2 children had been to

Udupi for coolie work. On 08.04.2022 her son Krishna

called her and informed that, on 07.04.2022 at 11:00

a.m. when the victim who is deaf and dumb was grooming

the house, at that time the petitioner/accused noticing her

alone in the house entered the house and closed the door

and had forcible sexual intercourse on her. It is on

09.04.2022 the complainant came back to Kunibenchi

Village from Udupi and at that time, on enquiry, the

victim lady in her own style of sign language narrated the

incident committed by the petitioner/accused. At that time

accused was going out from her house, Dyavangouda

Bheemappa Hanamakatti saw him and she informed him

regarding the incident and then he informed to Krishna

son of the complainant. The complainant has taken her

sister to the petitioner/accused and she identified him by

hand signal. The complainant after discussing with the

family members filed a complaint on 09.04.2022 which

came to be registered in Crime No.43/2022 of Amengad

Police Station for the offences punishable under Sections

4

376 and 448 of IPC. The petitioner came to be arrested on

the same day and he is in judicial custody. Thereafter, the

Police after investigation filed the charge sheet against

the petitioner for the aforesaid offences. The petitioner

filed Criminal Miscellaneous No.397/2022 seeking bail and

the same came to be rejected by the learned Principal

District and Sessions Judge, Bagalkote by order dated

20.07.2022. Therefore, the petitioner is before this Court

seeking bail.

3.

Heard the arguments of the learned counsel

appearing for the petitioner and the learned High Court

Government Pleader for the respondent-State.

4.

The learned counsel for the petitioner would

contend that, the alleged incident had occurred on

07.04.2022 at about 11:00 a.m. and the complaint came

to be filed on 09.04.2022 and there is a delay in filing the

complaint.

The

petitioner

is

a

neighbour

of

the

complainant and he is aged 62 years. As the charge sheet

5

is filed 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 would contend that, the offences alleged against

the

petitioner

are

heinous

offences

punishable

with

imprisonment for life. The petitioner alleged to have

committed forcible sexual intercourse on the victim who is

deaf and dumb by entering her house when she was alone.

The Doctor who examined the victim has noted injuries on

her body and has also collected the articles which were

sent for examination to FSL. The Doctor who examined the

accused has opined that there is nothing to suggest that

the person is incapable of performing sexual intercourse.

The charge sheet shows prima facie case against the

petitioner for the offences alleged against him. One

Dyavanagouda Hanamakatti who is cited as CW7 in the

charge sheet is a person who saw the accused coming out

of the house of the victim on the date of the incident and

on enquiring the victim she narrated the incident to him in

6

her sign language who in turn intimated the same to