Criminal Petition No.102819/2022 is filed by

accused No.2 under Section 438 of The Code of

Criminal Procedure, 1973 (hereinafter referred to as

the 8Cr.P.C.9, for brevity) and Criminal Petition

No.102820/2022 is filed by accused No.1 under

Section 439

of

Cr.P.C.

seeking bail. Both the

petitions are filed in respect of Crime No.148/2022

of Ghataprabha Police Station, Belagavi district,

registered

for

the

offences

punishable

under

Sections 366A, 376(l), 376D, 114, 506 and 34 of The

Indian Penal Code (hereinafter referred to as the

8IPC9, for brevity) and Sections 4, 6 and 17 of the

Protection of Children from Sexual Offences Act,

2012(hereinafter referred to as the 8POCSO Act9, for

brevity).

2.

The case of the prosecution is that, on

05.06.2022

at

about

10.00am,

the

complainant(mother of the victim girl), her husband

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and her son had been to their agricultural land to

carry out agricultural activities and returned back to

home at 4:00pm. At that time, her daughter victim

girl was struggling at home and smell of some

poisonous substance was coming from her mouth

and the victim girl was not in a position to talk. The

victim was taken to KHB Hospital for treatment and

treatment was taken. Thereafter, on 10.06.2022,

when the victim got conscious, the complainant

asked the victim as to why she did this, the victim

stated that on 05.06.2022 while the victim was

going to her uncle9s home at 2:00pm, accused No.2

Yallawwa spoke to her and took her to her home by

making her believe that she has some work with her.

At that time, accused No.1 was present in the house.

Accused No.2 told the victim to marry her son-

accused No.1 as he is in love with her for which she

refused stating that she is still young and she has to

pursue her studies. Thereafter, accused No.2 told

that, if they tell her like this, she will not listen,

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rape her then she will marry you and locked the

victim and accused No.1 in a room. Later accused

No.1 forcibly raped her and thereafter accused No.2

opened the door and entered inside. The victim girl

sat crying and at that time, both the accused asked

her not to disclose about the same to anybody or

otherwise they will kill her. Later the victim came to

her house and got scared and she consumed the

pesticide kept for agricultural use. The complainant

informed the said incident to her husband and filed

complaint on 13.06.2022. The said complaint came

to be registered in Ghataprabha Police Station Crime

No.148/2022 against the petitioners. Accused No.1

came to be arrested on 14.06.2022 and he is in

judicial custody. The Police after investigation filed

charge sheet against the accused for the offences

under Sections 366A, 376(l) & (d), 114, 506 and 34

of IPC and Sections 4, 6 and 17 of POCSO Act.

Accused No.1 filed Crl.Misc.No.1137/2022 seeking

bail and the same came to be rejected by the

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learned Additional District and Sessions Judge,

FTSC-I,

Belagavi,

by

order

dated

12.09.2022.

Therefore accused No.1 is before this Court seeking

bail. Accused No.2 apprehending her arrest filed

Crl.Misc. No.1138/2022 seeking anticipatory bail and

the same came to be rejected by the learned

Additional

District

and

Sessions

Judge,

FTSC-I,

Belagavi, by order dated 12.09.2022. Therefore,

accused

No.2

is

before

this

Court

seeking

anticipatory bail.

3.

Heard

the

arguments

of

the

learned

counsel appearing for the petitioners and the learned

High Court Government Pleader for the respondent-

State.

4.

Learned counsel for the petitioners would

contend that the alleged incident has occurred on

05.06.2022 and the complaint came to be filed on

13.06.2022 even after disclosure of the incident by

the victim girl on 10.06.2022 and therefore there is

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delay in filing the complaint. It is his further

submission that as per the medical certificate, the

victim girl was conscious on the date of her

admission to the hospital on 05.06.2022. It is his

further submission that, accused No.1 has been

examined by the Doct