IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 6^TH DAY OF OCTOBER, 2020

BEFORE

THE HON’BLE MRS.JUSTICE M.G. UMA

CRIMINAL PETITION No.200030/2020

BETWEEN:

1.

Sanju @ Sanjeev S/o Revansidda Devakate,

Age: 23 years, Occ: Coolie,

R/o Kyatankeri, Tq: Indi,

Dist. Vijayapura-586101.

2.

Rayappa @ Ajjuba

S/o Dundappa @ Daji Devakate,

Age: 21 years, Occ: Agriculture Coolie,

R/o Kyatankeri, Tq: Indi,

Dist. Vijayapura-586101.

… Petitioners

(By Sri Shivanand V. Pattanashetti, Advocate)

AND:

State of Karnataka through

R/by Addl. SPP Kalaburagi

Bench-585107, Kalaburagi

(Through PSI, Horti P.S.)

… Respondent

(By Sri Mallikarjun Sahukar, HCGP)

This Criminal Petition is filed under Section 439 of

Cr.P.C, praying to grant the regular bail to the

petitioner/Accused No.2 and 3 in Spl. Case (POCSO)

2

No.38/2019 (Horti P.S. FIR (Crime) No.103/2019) for the

offences punishable under Section 366, 376 (D) R/w 34 of

IPC and Section 6 of POCSO Act, 2012, pending on the file

of the II Addl. District & Sessions Judge and Spl. Court,

Vijayapur, in the interest of justice.

This petition coming on for orders this day, the Court

made the following:

ORDER

Petitioners/accused No.2 and 3 have filed this

petition under Section 439 of Cr.PC seeking grant of bail in

Crime No.103/2019 of Horti Police Station registered

against accused No.1 to 3 and three or four other accused

for the offences punishable under sections 366, 376(D)

R/w Section 34 of Indian Penal Code (for short hereinafter

referred to as ‘IPC’) and under Section 6 of Protection of

Children from Sexual Offences Act (for short hereinafter

referred to as ‘POCSO Act’).

2.

It is the contention of the prosecution that on

04.09.2019 all the accused taking advantage of the fact

that the victim aged 16 years alone was raring cattle and

with common intention kidnapped and committed gang

3

rape and on her. Thereby committed the above said

offences.

3.

The learned counsel for the petitioners submits

that these petitioners are arrayed as accused No.2 and 3

who were apprehended on 12.09.2019. Since than they

are in judicial custody. Accused No.1 is a juvenile and he

is already enlarged on bail. The investigation is completed

and

charge

sheet

is

already

filed.

Under

such

circumstances, detention of these petitioners in custody

will amount to trial punishment. The petitioners are ready

and willing to abide by any of the conditions that may be

imposed by this court. Hence, prays for allowing the

petition.

4.

Per contra, the learned High Court Government

Pleader opposing the petition submitted that father of the

victim filed the first information immediately after coming

to know about the incident. The victim was aged 16 years

who was subjected to gang rape by all the accused. The

statement of the victim under Section 164 of Cr.PC is

4

recorded wherein she has stated about commission of the

offences by the accused. The investigation is already

completed and the charge sheet is also filed. The medical

certificate issued by the doctor who examined the victim

also supports the contention of the prosecution. Under

such circumstances, these petitioners are not entitled to be

enlarged on bail and prays for dismissing the petition.

5.

Considered the materials on record, in the light

of the submissions made before me. As per the

documents that are available for consideration, the victim

was aged 16 years at the time of incident and the father

had filed the first information against the accused. The

medical examination report submitted along with the

charge sheet discloses that there was central opening with

fresh blood clots at edges in the hymen. The offences

alleged against the accused is of serious nature. At this

stage, it cannot be said that these accused are falsely

implicated in the matter without any basis. Enlargement

of accused No.1 by t