ANILKUMAR NAIK vs STATE OF KARNATAKA

This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under

Sections 376 and 306 read with 34 of IPC, and also under Section 6 of Protection of Children from Sexual Offences Act, registered in respondent

- police station Crime No.58/2017.

Brief facts of the prosecution case as per the complaint averments that one Smt.Preema Bai, the mother of the deceased, lodged the complaint

dated 26.04.2017 alleging that petitioner forced the daughter of the complainant, aged about 17 years, to love him and knowing well that victim is

a minor, he forced and threatened to love him by assuring to marry her, and by force, in the absence of complainant and other family members he

came near the house and committed sexual assault on the victim girl. The same was informed by the victim girl to the eldest daughter of the

complainant Smt.Deepa, who informed the same to the complainant and immediately thereafter, the complainant approached the parents of the

petitioner Sri.Mallesha Naik and Smt.Shoba Bai two months before and informed the same to them and advised them to warn their son. On

08.04.2017 at about 9.00p.m., petitioner came near to the residence of the complainant, created nuisance and abused the victim girl to die, and

due to that mental harassment, the victim girl has attempted to commit suicide by hanging and immediately the complainant took her and admitted in

the hospital. In spite of the treatment, she was declared dead. On the basis of the said complaint, FIR came to be registered for the above said

offences and after completion of investigation, charge sheet came to be filed for the offence under Sections 306 and 376 of IPC and also under

Section 6 of Protection of Children from Sexual Offences Act.

Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader

appearing for the respondent-State.

Learned counsel for the petitioner during the course of his arguments has submitted that looking into the prosecution material insofar as the

alleged offence under Section 376 of IPC is concerned, there is no material produced by the prosecution to attract the ingredients of Section 376

of IPC in the case and insofar as the offence under Section 306 of IPC is concerned, it is not the petitioner, but the allegations that parents of the

petitioner went to the house of victim girl and they abused her and also told her to die as she ruined the life of their son, who is the petitioner herein.

Now the investigation is completed and charge sheet has been filed and insofar as the alleged sexual act is concerned, though it is mentioned by the

prosecution that the DNA report is awaited, but in spite of giving sufficient opportunity, prosecution has not produced the DNA report. Hence,

submitted that petitioner is innocent and not committed the alleged offence, therefore, by imposing reasonable conditions petitioner may be granted

with bail.

Per contra, learned High Court Government Pleader, during the course of his arguments has submitted that as per the prosecution case, the

deceased is a minor girl, she was aged about 17 years. The materials and the statement of witnesses show that petitioner was insisting the

deceased to marry him and in that connection he was giving threat to her and it is also his contention that about the sexual assault on the deceased

is concerned, the deceased made the statement before her elder sister Deepa. However, learned HCGP has submitted that DNA report is still

awaited and the Investigating Officer, who is a lady, is carrying pregnancy and not in a position to come before the Court to explain about the

same. Hence, he has submitted that in view of the allegations against the petitioner and the material collected during investigation, petitioner is not

entitled for grant of bail.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.

Looking into the prosecution material, there is an allegation against the petitioner that he was insisting the deceased to marry her and in that

connection he was also threatening the deceased. Prosecution material also show that the parents of the petitioner herein went to the house of the

complainant, abused the deceased in filthy language stating that it is she, who ruined the life of her son/petitioner herein, and told that she can go

and die, thereafter the deceased committed suicide by hanging is the case of prosecution. It is also the allegation that petitioner committed sexual

act on the deceased, she became pregnant and she has told the same before her elder sister Deepa, the materials are collected during investigation

to that effect. It is true that the prosecution has not produced the DNA report. Looking into these materials placed on record, when the DNA

report is still awaited and only on the ground that the said report is not produced, petitioner is not entitled to be released on bail, when the other

materials available on record prima-facie show the involvement of petitioner in the commission of the alleged offences, which are also serious in

nature, I am of the opinion that it is not a fit case to exercise discretion in favour of the petitioner. Accordingly, petition is hereby rejected.