SHOHANRAJ MEHTA Vs. STATE BY COTTONPET POLICE STATION

JUDGEMENT

(1.) This bail petition has been filed by the petitioner/accused No.4 under section 438 of Cr.P.C., 1973 in the event of his arrest in respect of Koppal Town Police Station Crime No.119/2018 for the offences punishable under Sections 506, 420, 354, 498-A and 376 read with Section 34 of IPC beside Sections 4, 8 and 12 of POCSO Act, 2012.

(2.) Heard the learned counsel For the Petitioner and so also learned H.C.G.P. for the State.

(3.) The brief facts of the case are that, the complainant-Smt. Jyothi Ajit Mehta lodged a complaint before the National Commission for Women at Bengaluru and the same came to be transferred and registered in Crime No.51/2018 on the file of Cottonpet Police Station, Bengaluru for the offences punishable under Sections Sections 506, 420, 354, 498-A of IPC read with Section 34 of IPC. Subsequently, on the jurisdictional point, the same was again transferred to Koppal Town Police Station and registered in Crime No.119/2018 for the aforesaid offences and thereafter Section 376 of IPC invoked in the Crime No.119/2018. It is alleged in the complaint that initially complainant had married to one Sanjay Gandhi and out of the said wedlock, a female child born to them. Due to some differences, they got divorced mutually. Thereafter, the complainant met the accused No.1 and both got married. They started residing in the house belonging to the mother of the complainant. Out of this wedlock, a male child born to them. Accused No.3 who is mother-in-law of the complainant was visiting the house of the complainant. In the meantime the complainant had given 500 grams of gold, 2 kg silver and cash of Rs. 25,000/- to accused No.3. Thereafter on many occasion, the complainant had given cash and other valuables to accused No.3. It is alleged that accused No.1 misused the entire cash in gambling. He also subjected the complainant to cruelty. At that time, accused No.3 took the complainant to the house of accused No.2 who is her another son. The said accused No.2 objected for bringing the complainant to his house and left his house along with his family members. In the meanwhile, the uncle of accused No.1, who is present petitioner intervened in the family and in the guise of settling the matter, he sexually exploited the complainant as well as the daughter of complainant. Thereafter, on several occasion, accused No.4 sexually exploited the complainant. The same was brought to the notice of accused No.1 who is the husband of complainant but he adviced the complainant to cooperate with his uncle, accused No.4. Since it was within the family, complainant has not chosen to lodge a complaint. Therefore, she filed a complaint before the National Commission for Women which came to be transferred to Cottonpet Police Station and again on jurisdictional point, it transferred to Koppal Town Police Station. The Investigating Officer took up the investigation and filed charge sheet against the accused after recording the statements of witnesses.