Sexual Assault On Minor Girl Unpardonable, Need To Send Strong Signal To Society: Karnataka High Court Rejects Bail Application

The appellant approached the High Court seeking regular bail in a Criminal case registered against him by the Police.

The Single Bench of Justice S Rachaiah held, “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.”

Advocate Nanjunda Gowda M R represented the Petitioner, while High Court Government Pleader Waheeda M.M represented the Respondent.

Factual Background

The respondent Police registered a missing person complaint case after the victim’s mother failed to find her. During the investigation, they traced the victim and recorded her statement. As per the said statement, the appellant, being a known person to the victim, took her forcibly in his vehicle and committed sexual assault on her. Thereafter, he took her to a Dhaba and left her in the said Dhaba for work. After one week, he again had sexual intercourse with her and received money from the second accused as an advance for having supplied her for manual work.

The victim managed to take a mobile phone from one of the customers, called her cousin and narrated the incident. She was rescued immediately. Her statement was recorded before the Magistrate. After conducting an investigation, a charge sheet was submitted for the offences punishable under Sections 201, 323, 363, 366, 376, 506 of IPC, Sections 16, 6 of Protection of Children from Sexual Offences Act, 2012, and under Sections 3(1)(r), 3(1)(w), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Reasoning

On a perusal of the facts of the case, the Bench found that the appellant, being a married man, aged about 37 years, induced the minor girl, took her into the mango grove, and committed sexual assault. Thereafter, he took her to a Dhaba and forced her to work as a labourer, which, according to the Bench, was unpardonable. The Bench noted that he had received a certain amount from the second accused for having supplied her as a labourer to the said dhaba.

The Bench highlighted the fact that the act of committing sexual assault on a minor girl by a married man has to be viewed strictly. The Bench further noticed that the victim belonged to the Scheduled Caste and was susceptible to persons like the appellant, for exploitation.

In light of such facts and circumstances, the Bench rejected the Appeal.

Cause Title: Sri Chandrappa v. The State of Karnataka (Neutral Citation: 2025:KHC:31452)

Appearance

Petitioner: Advocate Nanjunda Gowda M R

Respondent: High Court Government Pleader Waheeda M.M., Advocate Siddharth P. Desai

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