MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.168/2019 of Naragund Police Station registered for the offence punishable under Sections 363 , 376(2)(N) of IPC and Section 6 of POCSO Act, 2012.

(2.) It is the case of the prosecution that one complainant Patima Hajaresab Doddamani has filed a complaint before the Naragund Police on 17.09.2019 stating that she is residing along with her family at Naragund and her husband is working at Mangalore. She lives along with her two sons and two daughters at Naragund. Her daughter victim earlier stayed in Madarasa at Hirekumbi and one month back she came back to the house for celebrating Bakrid festival. On 12.09.2019 at night the complainant and her children had their dinner together and slept in their home. ON 13.09.2019 at about 6 a.m. the complainant got up and saw the victim girl but she was not there in the house, then the complainant thought that she might have gone for toilet. After some time when the victim had not come back to the home, the complainant along with her children searched the victim but she was not found. Complainant and her children searched the victim two to three days in different places at Hubbali, Gadag etc but then also the victim was not found. Then the complainant thought that she has been kidnapped by somebody and accordingly she filed complaint on 17.09.2020 before Naragund Police. A case came to be registered against the unknown persons for the offence punishable under Section 363 of IPC. During the course of investigation the victim and petitioner were traced at Hubballi and it has been alleged that the victim has revealed that, petitioner forcibly took her from Naragund to Hubballi and from there to Karwar, Bengaluru and Mangalore and during her stay with petitioner the petitioner committed sexual assault on her. During the course of investigation, victim and petitioner are traced at Hubballi. The petitioner was arrested on 16.11.2019 and after completion of the investigation, charge sheet came to be filed for the offences punishable under Sections 363 , 376(2)(n) of IPC and under Section 6 of POCSO Act, 2012. The petitioner has filed bail application before District and Sessions, Judge and the same came to be rejected by order dated 07.02.2020. Therefore, the petitioner-accused is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused and learned HCGP for respondent-State.