Karnataka High Court: In a criminal appeal filed by the 68-year-old senior citizen against the bail rejection order by Addl. Sessions Judge, in case of gang rape of a minor victim, the Single-Judge Bench of S Rachaiah, J., dismissed the appeal, holding that the accused’s act of committing sexual assault on a minor girl by taking advantage of her poverty and innocence was a ruthless act and should be condemned. The Court further observed that the accused being an elderly person should have advised and instructed others not to commit such a heinous offence, or he should have brought to the notice of elders of the village to prevent it. Instead, he committed sexual assault which was outrageous.
Background
The case was filed following a complaint by the victim’s mother after a doctor at a government hospital informed her that the victim, her 14-year-old minor daughter, was pregnant. Upon enquiry, the victim stated that five persons were responsible for her pregnancy. Consequently, a complaint was registered against all five persons for the offences under Sections 376(3), 376(2)(n), 376DA, 450, 149 of the Penal Code 1860 (‘IPC’), Sections 4, 5(G), 5(L), 6, 10 of the Protection of Children from Sexual Offences Act (‘POCSO’), and Section 3(1)(w), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (‘SC and ST Act’). The bail application of the accused, aged about 68 years, was rejected by the Addl. Sessions Judge. Aggrieved, the accused filed present criminal appeal.
Analysis and Decision
The Court observed that the victim had discontinued studies after the 8th standard. She initially stated that she had been sexually assaulted by her own cousin brother. Subsequently, she stated that the accused and others had sexually assaulted her on several occasions by inducing her with promises to buy eatables and new clothes.
The Court further observed that,
“The act of committing sexual assault on the victim by taking advantage of her poverty and her innocence and also particular community is ruthless act. The manner in which, the accused and others had committed sexual assault on the minor girl should be condemned, especially the appellant herein. The accused being an elderly person should have advised and instructed others not to commit such a heinous offence or he should have brought to the notice of elders of the village to prevent it. Instead, he committed sexual assault which is outrageous.”
The Court held that the accused did not deserve to be enlarged on bail and dismissed the appeal.
[Channappar v. State of Karnataka, Criminal Appeal No. 1593 of 2025, decided on 01-09-2025]
Advocates who appeared in this case:
For the Appellant: Shankar H. S., Advocate
For the Respondents: Pushpalatha HCGP, Maitreyi Krishnan, Advocate
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