SANTHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1 - State.

(2.) Petitioner, who is accused No.3 in Crime No.142/2018 registered by the Hebbal Police Station, J.C.Nagar Sub-Division, Bengaluru City, for the offences punishable under Sections 363, 366A, 376DA read with Section 34 of IPC and Sections 4 and 6 of the POCSO Act and Section 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, is before this court in this petition under Section 439 of Cr.P.C.

(3.) The brief facts of the case are that, the mother of the victim girl had filed a missing complaint stating that her daughter was missing and the case in Crime No.142/2018 was registered for the offence under Section 363 of IPC. In the said complaint, it is alleged that the victim girl had gone out of the house on 23.07.2018 at about 5.30 p.m. after quarrelling with her parents. During the course of investigation, it was revealed that accused No.1 lured the victim girl and kidnapped her on 22.07.2018 at about 6.30 p.m. and took her to the rented house of accused No.2, who is the friend of accused No.1, where accused Nos.1 and 2 committed sexual assault on the victim girl. On 23.07.2018, accused No.1 sent victim girl in a cab towards Hebbal. On 24.07.2018, accused No.3 kidnapped the victim girl from Canara Bank Layout along with accused Nos.4 and 5 and they took her to Rajanukunte on Doddaballapura road and committed sexual assault on her behind Mahalakshmi Temple at Sriramanahalli. Thereafterwards, accused Nos.3 to 5 brought her near Kodigehalli Park and dropped her by threatening her with dire consequence to her life.