SANJEEVAPPA YAMANURAPPA KANTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C. , for brevity) seeking bail in Crime No.24/2020 of Koppal Women Police Station for the offences punishable under Sections 363 and 376 of The Indian Penal Code (hereinafter referred to as the IPC , for brevity) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act , for brevity)

(2.) It is the case of the prosecution that one Sri. Mudakappa Obali has filed a complaint alleging that his daughter-victim, aged 17 years, has failed in 10th standard and she had appeared for repeat examination on 03.07.2020 in Gavisideshwar High School and the son of the complainant had dropped her to school in the morning and that at about 1.30, he again went to call her, he did not find her and the complainant came to know that even the petitioner was missing from the city and therefore, he filed a complaint on 04.07.2020 against the petitioner. A case came to be registered in Crime No.24/2020 for an offence under Section 363 of IPC. Thereafter, the petitioner and the victim themselves came to the police station on 06.07.2020 wherein the victim has alleged to have informed the police that on 03.07.2020 the victim and the petitioner went from the school to Lakundi and had sexual contact and on the next day visited some temples and came to the police station. The petitioner filed bail application and it came to be rejected by the learned Additional District and Sessions Judge, FTSC-1, Koppal, by order dated 07.08.2020. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.