YALLAPPA 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.23/2020 of Belagavi APMC Police Station, registered for the offences punishable under Sections 366A and 376 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Sections 4, 6, 8 and 10 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 the father of the victim has filed complaint on 19.02.2020 stating that he along with his family members are originally from Channapur Tanda, Ramdurg taluk and now are residing at Hanuman Nagar circle, Belagavi and he is working as a watchman in Hanuman Nagar, Belagavi and residing with his wife, 5 daughters and a son. The elder daughter is married and 4 daughters and son are residing with him. The victim, who has studied up to 7th standard had left the school and was going to tailoring class. On 16.02.2020, as regularly, she went for the said tailoring class near TV centre Belagavi and even after 6'O clock in the evening she did not return to the house and has not informed to any family members and she went away without informing. The complainant searched in the house of his relatives and friends and could not trace her. On 19.02.2020 at about 13.30 hours, the complainant filed the complaint before the APMC yard Police Station, Belagavi. On 22.02.2020, the victim approached the jurisdiction police station i.e., APMC Yard Police Station, Belagavi and stated that on 17.02.2020 at about 17.30 hours the petitioner/accused informed her that he is taking her to Bengaluru and thus, she with the petitioner went in an auto from Hanuman Nagar to Bus stand wherein the wife of the accused was also there and the accused took the victim and his wife to Bengaluru and from there, he took to Chokkahalli of Anekal taluk, Bengaluru rural district and there he took one room from his friend and they resided there. There, she remained with the accused for 4 days and accused has developed physical relationship and thereafterwards the victim informed the petitioner/accused that she want to meet her parents. Therefore, the petitioner/accused left Bengaluru on 22.02.2020 to Belagavi and left the victim at Belagavi bus stand and thereafter, the victim went to the police station. The police have recorded her statement on 24.02.2020. The police arrested the petitioner/accused on 22.02.2020. The petitioner filed bail application before the III Additional District and Sessions Court and Special Court, Belagavi in Spl.Case.No.133/2020 and it came to be rejected by order dated 19.06.2020. 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.