VIMALRAJ @ SANDEEP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of the Code of Criminal Procedure for granting regular bail in Crime No.189/2019 registered by R.M.C. Yard Police Station, Benguluru, for the offences punishable under Sections 363 , 366(A) and 376 of the Indian Penal Code (for short, 'the IPC '), Sections 4 , 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act ), 1989 (for short, 'the SC/ ST Act ').

(2.) Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1-State. Notice is served upon respondent No.2 and is unrepresented.

(3.) The case of the prosecution is that, on the complaint of one Uday Shankar-respondent No.2, the Police have registered a case against the petitioner. It is alleged by the complainant that his daughter, who is aged about 16 years, had gone to purchase milk on 9-11-2019 at 7:30 a.m., but she did not return, he came to know that the petitioner has abducted his daughter. On 10-11-2019, his daughter came back to the house by weeping. On enquiry, his daughter revealed that the petitioner used to follow her and on 9-11-2019, the petitioner took her in his motorbike and went to the Church at Hosur, Tamil Nadu and on the said night, he had sexual intercourse with her on the promise of marriage and brought her back. After registering a case, the Police subjected the victim girl for medical examination and arrested the petitioner on 12-11-2019. Since then, the petitioner is in judicial custody. The petitioner has moved a bail petition before the Sessions Judge in Crl.Misc. No.2171 of 2020, which came to be rejected. Hence, this petition.