'Taking Advantage Of Her Poverty Is Ruthless': Karnataka High Court Denies Bail To Senior Citizen Accused Of Raping Minor Girl

Denying bail to a 68-year-old man who along with other accused were booked for the gang rape of a minor girl, the Karnataka High Court remarked that the act of committing sexual assault by taking advantage of the victim's poverty and her community is a "ruthless act". 

Justice S Rachaiah dismissed the appeal filed by Channappar @ Rajaiah who was charged Sections 376(3)(rape of girl under 16 years), 376(2)(n)(commits rape repeatedly on the same woman), 376(DA) (Punishment for gang rape on woman under sixteen years of age) read with section 149(common object) of IPC as well as provisions of the POCSO Act and the SC ST (Prevention of Atrocities) ACT.

He had approached the high court in appeal seeking bail after the trial court rejected it.

It said:

"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 appellant and others had committed sexual assault on the minor girl should be condemned, especially the appellant herein. The appellant 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". 

As per the FIR, when the girl was examined it was found that she was pregnant. On enquiry she had stated that five persons were responsible for her pregnancy, thus complaint was registered against all five accused.  

The appellant argued that the incident of sexual assault was committed between 01.05.2024 to 30.06.2024 and the complaint came to be registered on 09.11.2024. The DNA of the appellant did not match with the foetus. 

The State's counsel opposed the bail and said that the girl belongs to scheduled caste and she was a minor as on the date of the incident. It was argued that her  statement would indicate that it was a gang rape committed by all the five persons, on the pretext of getting her eatables from a shop. Moreover, the appellant being 68 years old and an elderly person had committed a heinous offence against the victim who is the same age as his granddaughter.

The bench noted that as per her statement she had initially said that she was sexually assaulted by her cousin brother. Thereafter, the appellant and others had sexually assaulted her on several occasions by inducing her that they would buy both eatables and new clothes etc., for her.

Noting that the appellant did not deserve bail, the court dismissed his plea. 

Appearance: Advocate Shankar H S For Appellant.

HCGP Pushpalatha for R1.

Advocate Maitreyi Krishnan for R2.

Citation No: 2025 LiveLaw (Kar) 331

Case Title: Channappar AND State of Karnataka & ANR

Case No: CRIMINAL APPEAL NO. 1593 OF 2025

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