Bail petition by the first accused in a POCSO case involving an alleged attempted sexual assault on a 13-year-old schoolgirl; the court, citing the gravity of the offence and its impact on society, rejected bail.
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NC: 2024:KHC-D:9532 CRL.P No. 101780 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JULY, 2024 BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 101780 OF 2024 (439)
BETWEEN:
VINOD S/O. HANAMAPPA KOTHABAL, AGE: 21 YEARS, OCC: AGRICULTURE, R/O: NILOGAL VILLAGE, KUSTHAGI TALUK, KOPPAL DIST – 583231.
…PETITIONER
(BY SRI RAJA RAGHAVENDRA NAIK, ADVOCATE)
AND:
CHANDRASHEKAR LAXMAN KATTIMANI
HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SMT.KIRTILATA R.PATIL, HCGP FOR R1; R2 - SERVED) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.1 IN SPL.S.C. POCSO NO.21/2023 PENDING BEFORE THE HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1, KOPPAL (IN HANUMASAGAR P.S. CRIME NO.30/2023) REGISTERED FOR THE OFFENCES U/S 323, 376(3), 506, 34 OF IPC AND SECTION 4 OF THE POCSO ACT, 2012.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Raja Raghavendra V.Naik, learned counsel for the petitioner and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1/State. Though respondent No.2 served remained absent.
It is the case of the prosecution that the victim has lodged a complaint stating that she was studying at Higher Primary School in 7th standard. She used to travel on everyday to go to her school. She was being teased by the petitioner and others, since three months from the date of lodging the complaint and due to fear of family members, she did not disclose the said fact to the parents. On
09.03.2023 as usual on 9.00 a.m. when she went to her school and thereafter around 12.15 p.m., her classmateRekha D/o Ningappa Hotti informed her that she had some problem and asked to accompany her. The complainant went along with her. The said Rekha, when she attending her nature call, the petitioner and his friend went there and forcibly took the complainant to the nearby place and tried to commit sexual assault. By the time, Malappa S/o Govindappa, Ravi S/o Ningappa came near the place after hearing sound of the complainant. Immediately, the petitioner and his friend ran away from the spot by threatening them not to disclose the said fact to anybody. Thereafter, she came to her house and discussed the matter with elders and thereafter, she lodged a complaint against the petitioner and another. The jurisdictional police have registered a case in Crime No.30/2023 for the offences stated supra. After conducting investigation, the police have submitted the charge sheet.
petitioner that the petitioner is innocent of the alleged
offences. He has been falsely implicated in this case and he is aged about 21 years and permanent resident of Nilogal village, Kushtagi Taluk. In fact, the victim was loving the petitioner and both were happily roaming in and around the area. The victim, on several occasions, remained absent to her school and going with the petitioner. The petitioner has not committed any offence. Even the medical report did not disclose regarding sexual assault upon the victim.
also came near the place of occurrence when the victim raised her hue and cry. There are prima facie materials to show that the petitioner has committed an offence. The complainant immediately after the incident lodged a complaint which shows her bonafideness regarding the incident. Therefore, it is not appropriate to grant him bail. Making such submissions, the learned High Court Government Pleader prays to dismiss the petition.
society, it is not appropriate to grant him bail. Hence, I proceed to pass the following:
ORDER
The petition is rejected.
Sd/JUDGE
CLK CT:ANB List No.: 1 Sl No.: 11
1 issue framed by the court
Whether a regular bail under Section 439 Cr.P.C. should be granted to accused No.1 charged under IPC Sections 323, 376(3), 506, 34 and Section 4 of the POCSO Act.
7 provisions across 3 enactments
Vinod S/o. Hanamappa Kothabal
The State of Karnataka through Hanumasagar Police Station, Koppal
Hanumavva W/o. Sharanappa Padanakatti
S.Rachaiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
