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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 28^TH DAY OF SEPTEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL APPEAL No.200165/2021

Between:

Basavaraj

S/o Ramappa Antargunda @ Niranji

Age: 21 years

Occ: Agriculture/Tractor Driver

R/o Davaleshwar village

Tq. Bilagi, Dist. Bagalkot - 587 116

… Appellant

(By Sri Anilkumar Navadagi, Advocate)

AND:

1.

The State through

Kodekal Police Station

Tq. Hunasagi, Dist. Yadgiri

By the Addl. S.P.P.

High Court of Karnataka

Kalaburagi Bench - 585 103

2.

Smt. Laxmibai

W/o Mallappa @ Malleshi Jadhav

Age: 36 years, Occ: Coolie

R/o Jumlapur Dodda Thanda (Dharmapur)

Tq. Hunasagi, Dist. Yadgiri - 585 291

… Respondents

(Sri Gururaj V. Hasilkar, HCGP for R1;

R2 - served)

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This Criminal Appeal is filed under Section 14(A)(2) of

the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989, praying to allow the appeal by

setting aside the order dated 29.06.2021 passed in Spl.

Case No.30/2021 by the Sessions Judge, Yadgiri and

enlarge the appellant on bail in Crime No.15/2021 of

Kodekal P.S. of Dist. Yadgiri, registered for offences

punishable under Sections 504, 506, 354(A), 306 of IPC,

Sections 8 & 12 of POCSO Act, 2012 and Sections 3 (1)

(r), 3(1)(s), 3(1)(w), 3(2)(Va) & 3(2)(V) of SC/ST (P.A.)

Act, which is now pending on the file of Dist. and Sessions

Judge, Yadgiri in Spl. Case No.30/2021.

This appeal coming on for admission this day, the

Court delivered the following:

JUDGMENT

Heard the learned counsel for appellant and learned

High Court Government Pleader for respondent No.1-State.

2.

Respondent No.2/de-facto complainant has

been served, but there is no representation.

3.

This appeal is preferred by the sole accused in

Crime No.15/2021 of Kodekal Police Station, charge

sheeted for offences punishable under Sections 504, 506,

354(A), 306 of IPC, Sections 8 & 12 of the Protection of

Children from Sexual Offences Act, 2012 (for short 'POCSO

Act') and Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(Va) &

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3(2)(V) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (for short 'SC/ST (P.A.)

Act').

4.

Accused/appellant preferred a petition under

Section 439 of Cr.P.C. to enlarge him on bail and the same

was rejected by the learned Sessions Judge at Yadgiri in

Spl. Case No.30/2021 vide order dated 29.06.2021.

Hence, this appeal.

5.

Brief facts of the case are that, deceased is the

daughter of the first informant. Her family used to harvest

sugarcane crop in the land belonging to CW.22 and at

other places. After their work, they used to come back to

their Thanda. In the month of September 2020, the

deceased, her parents and CWs.11 to 16 had been to the

agricultural field of CW.22 situated at Davaleshwar for

harvesting the sugarcane crop and they stayed in a hut put

up in the said land bearing Sy.No.141/3. There was no

electricity facility. The accused was a tractor driver and he

used to carry the mobile phones of CWs.1, 11 to 16 for the

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purpose of charging them in his house and used to hand

over the same to them. At that time, he came in contact

with the deceased and both of them became close to each

other. He assured the deceased that he will marry her and

by enticing her, took her to the land of one Hussainsab

which was situated near the land where her parents were

staying. He took photographs in his mobile phone while

kissing the victim inspite of her resistance. On 15.02.2021

at about 9.00 a.m., the accused went to the hut when the

deceased was alone. When she requested him to marry

her, he refused to marry and abused her in filthy language

and also abused her referring to her caste saying that she

belongs to 'Lambani caste'. He threatened her with dire

consequences, if she disclosed their love affair to others

and further, threatened her saying that he will upload the

photograp