UMESH 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.35/2020 of Women Police Station, Dharwad registered for the offence punishable under Sections 366 and 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO').

(2.) It is the case of the prosecution that one Miss Isabella D/o Selvaraj Xavier has filed a complaint. It is the accusation made in the charge sheet that victim girl who is aged 17 years studying in PUC and accused who is from the same village to that of victim girl by promising the victim girl to marry her as he is loving her has enticed her and took her to Belagavi, Bengaluru and to a farm house situated in survey No.204/1 and had forcible Sexual intercourse and on the next day i.e. on 26.06.2020 he brought her and left her in Dharwad new bus stand. The charge sheet has been filed for the offences punishable under Sections 363 , 366 , 376 of IPC and Section 4 of the POCSO Act. The petitioner came to be arrested on 29.06.2020. The petitioner filed bail application in Crl.Misc.No.418/2020 before II Addl. District and Sessions and Special Judge, Dharwad and the same came to be rejected by order dated 07.09.2020. Hence, petitioner- accused is before this Court seeking bail.

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