IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 20^TH DAY OF JULY 2022

BEFORE

THE HON9BLE MR.JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.101844/2022

BETWEEN

DEVRAJ S/O BARAMANNA SHIVPURA

AGE. 21 YEARS, OCC. COOLIE AND DRIVER,

R/O. PALA VILLAGE, TQ. MUNDGOD,

DIST. KARWAR.

.....PETITIONER

(BY SRI V P VADAVI, ADV.)

AND

1.

THE STATE OF KARNATAKA

THROUGH MUNDGOD PS,

R/BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH.

2.

NETRAVATI W/O. MANJUANTH INGALIKI,

AGE. 37 YEARS, OCC. COOLIE,

R/O. PALA VILLAGE, TQ. MUNDGOD,

DIST. KARWAR-581346

&..RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R-1

SRI VIDYASHANKAR G. DALAWAI, ADV. FOR R-2)

2

THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.

SEEKING THAT THE PETITIONER MAY BE RELEASED ON BAIL IN SPECIAL

CASE NO.16/2022 IN CRIME NO.154/2021 OF MUNDAGOD P.S. AGAINST

THE PETITIONER FOR THE OFFENCE PUNISHABLE U/SEC. 4, 8 AND 12 OF

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND

SECTION 376(3), 506, 201 OF IPC. PENDING ON THE FILE OF

ADDITIONAL DISTRICT AND SESSIONS JUDGE AND FTSC-I AT U.K.

KARWAR.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT

MADE THE FOLLOWING:

O R D E R

This criminal petition is filed by the accused under Section

439 of Code of Criminal Procedure, 1973 (hereinafter referred to as

8Cr.P.C.9, for short) for granting bail in Spl. Case 16/2022 pending

on the file of Addl. District and Sessions Judge & FTSC-I at U.K.

Karwar in respect of Crime No.154/2021 registered by Mundagod

Police for the offence punishable under Sections 376(3) 506 and

201 of the Indian Penal Code, 1860 (hereinafter referred to as the

8IPC9, for short) and under Sections 4, 8 and 12 of Protection Of

Children from Sexual Offences Act, 2012 (hereinafter referred to as

the 8POCSO Act9, for short).

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2.

Heard the arguments of the learned counsel for

petitioner, learned High Court Government Pleader for respondent

No.1 and learned counsel for respondent No.2.

3.

The case of the prosecution is that on the complaint of

respondent No.2 filed on 22.11.2021, the police registered a case.

It is alleged that the complainant is having elder daughter, victim,

aged about 15 years studying in first year PUC. Her husband has

died in the month of June, 2018. As her children were minors, this

petitioner who is a far relative was appointed to do the agricultural

work and to drive the tractor. That on 18.11.2021, the complainant

got information through Whatsapp group and facebook that the

accused said to have released one video by giving information that

he is loving the daughter of complainant and she is also loving him.

Due to which the daughter of the complainant has become pregnant

and got diagnosed in the hospital. If anything happens to him, the

mother and relatives of the victim will be responsible. After

watching the video, the victim was called to the house from Harihar

and on enquiry, the victim stated that she is not loving the accused,

however she has stated that the accused used to tease her

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whenever she goes to the college and whenever she was alone in

the house. One day the accused took her to Madhukeshwar

Temple, Banavasi and thereafter to Jog and from there to Sirsi.

Thereafter on 23.08.2021, the accused took the victim on the bike

forcible to Chandragutti Temple and while coming back from

Chandragutti, at 3.00 p.m. in forest area near Banavasi Road, the

accused had forcible sexual intercourse with the victim and

threatened not to disclose this fact to anybody otherwise, he will kill

her brother. Therefore, the victim has not disclosed the same to

anybody. After looking the video of the accused, this complaint

came to be filed on 18.11.2021. Accordingly, the police arrested the

petitioner on 07.12.2021 and remanded to judicial custody. The

bail petition filed by the petitioner came to be rejected by the

Sessions Court. Hence, he is before this Court.