IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 18^TH DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO. 101314/2021

Between:

Gundu @ Gundurao Bhagavant Dhupadal,

Age:58 years, Occ:Agriculture,

R/o.Mugalkhod, Tq:Raibag, Dist:Belagavi – 591317.

…Petitioner

(By Sri.M.B.Gundawade, Advocate)

And:

1.

State of Karnataka

By State Public Prosecutor,

High Court of Karnataka,

Dharwad Bench, At Dharwad

Through Harugeri Police Station.

2.

Sujata Sanju Chougala,

Age:41 years,

R/o Mugalakhod,

Hidakal - Teradal Road,

Tq:Raibag, Belagavi Dist – 591317.

…Respondents

(By Sri. Ramesh B. Chigari, HCGP)

This Criminal Petition is filed under Section 439 of Cr.P.C.,

praying to enlarge the petitioner/accused on bail in Spl. Case

No.99/2021 on the file of the Special Judge (POCSO) and (SC/ST

Prevention of atrocities) and III Addl. District and Sessions Judge,

Belagavi, for the alleged offences under Section 376(2)(i)(L)(n) of

Indian Penal Code and under Sections 4 and 6 of Protection of

Children from Sexual offences Act, 2012.

This Criminal Petition coming on for Orders, this day, the

Court made the following:

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ORDER

The petitioner has filed this petition under Section

439 of Cr.P.C. seeking regular bail in Spl.Case

No.99/2021 on the file of the Special Judge (POCSO)

and (SC/ST Prevention of Atrocities) and III Additional

District and Sessions Judge, Belagavi registered for the

offence punishable under Section 376(2)(i)(L)(n) of IPC

and under Sections 4 and 6 of Protection of Children

from Sexual Offences Act, 2012.

2.

The brief facts leading to the case are that

the complainant is residing in a shed situated in

agricultural land belonging to her father and after death

of her husband 6 years back she is staying in

Mugalkhod in her parental house along with her

children. Her elder daughter given in marriage and

residing at Shiraguppi and about 2 years back her

father was involved in murder of her mother and is in

custody. She is residing along with her victim daughter

aged about 15 years and her son Appasab Annappa

Kichadi and both were mentally ill and would not talk

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more. It is further alleged that taking undue advantage

of the mental illness of her children and as there is

nobody to take care of them the accused was

pretending to take care of the agricultural land of her

father by paying Rs.25,000/- per year and that for the

said reason he used to visit her house and use to be

liberal with complainant and her daughter. It is further

alleged that since last 3-4 months said accused use to

visit night hours and use to forcibly had sexual

intercourse with her mentally retarded daughter for 4-

5 times. Since the daughter was mentally retarded

under the fear she had not informed the same to

anyone and though the complainant has objected and

requested the accused not to visit her house, he used

to forcibly have sexual intercourse with her daughter. It

is alleged that when this act continued, on 19.03.2021

at about 10.00 in the morning she contacted her

neighbours and informed them regarding the act of the

accused and they instructed her to inform the said fact

to the police and as such she has lodged a complaint.

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On the basis of her complaint a case is registered in

Crime No.45/2021 and meanwhile the victim girl is

subjected to medical examination and she has also

delivered a still born child. DNA profile of said child was

taken and subsequently the blood sample of the victim

and accused was also taken for DNA profile. Meanwhile

the investigating officer has submitted the charge

sheet.

3.

Heard the arguments advanced by the

learned counsel for the petitioner and the learned

HCGP.

4.

Learned counsel appearing for the petitioner

would submit that the accused is in custody since long

time and he is aged. He would also submit that except

the self intereste