Karnataka High Court: In a criminal appeal filed by the accused seeking regular bail in kidnapping and sexual assault of Scheduled Caste minor victim, a Single-Judge Bench of S. Rachaiah, J., rejecting the bail held that the act of committing sexual assault on a minor girl by a married man is unpardonable and must be viewed strictly to restore confidence in the minds of children and women and to send a strong signal to the society. The Court further observed that the victim belongs to Scheduled Caste, and she is so susceptible to persons like accused, for the purpose of exploitation and hence society at large has to be more vigilant on women and children belonging to weaker sections of the society.
The mother of the Scheduled Caste minor victim lodged a complaint with the police when her daughter, who was supposed to go to school, went missing on 27-07-2022. The police registered a missing complaint. During the investigation, the victim was traced, and her statement was recorded, as per which the accused, a person known to her, forcibly took her in his vehicle while she was near a drainage. He then took her to a mango grove where he committed sexual assault on her. Subsequently, he took her to a Dhaba and made her work there. After one week, he returned and had sexual intercourse with her again and received money for supplying her for manual work. The victim managed to get a mobile phone from a customer and called her cousin, who rescued her with the help of the police. The victim’s statement was then recorded before the Magistrate. After the investigation, a charge sheet was submitted against the accused for offences punishable under Sections 201, 323, 363, 366, 376, 506 of the Penal Code, 1860 (‘IPC’), Sections 16, 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’), Sections 3(1)(r), 3(1)(w), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The accused filed this criminal appeal seeking regular bail.
The Court, after hearing the learned counsel for both parties and perusing the charge sheet, noted that the accused, a married man aged 37 years, had induced the victim minor girl, sexually assaulted her, and forced her into labour and received money for having supplied her for work. The Court observed that,
“The act of committing sexual assault on the minor girl being a married man is unpardonable, and it has to be viewed strictly not only in order to restore the confidence in the minds of children and women, but also to send a strong signal to the society at large. Hence, it is appropriate to reject the bail. It is noticed here that, the victim belongs to Scheduled Caste, and she is so susceptible to persons like appellant, for the purpose of exploitation. Hence, it is high time to send a strong signal to the society at large to be more vigilant on women and children belonging to weaker sections of the society.”
In light of the afore-stated reasons, the Court rejected the application.
[Chandrappa v. State of Karnataka, Criminal Appeal No. 75 of 2025, decided on 12-08-2025]
Advocates who appeared in this case :
For the Appellant: Nanjunda Gowda M R., Advocates
For the Respondents: Waheeda M.M., HCGP, Siddharth P. Desai
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