SWAPNIL VASANT RAKSHE 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.78/2019 of Khade Bazar Sub-division, Camp Police Station registered for the offence punishable under Sections 376 , 366(A) of IPC and Sections 4, 6 and 8 of POCSO Act, 2012.

(2.) The case of the prosecution is that on the complaint given by one Smt.Padma Chandrakant Gurav of Vijayanagar Belagavi a case came to be registered in Crime No.78/2019 for the offences punishable under Section 376 , 342 , 366(A) of IPC and Sections 4, 6, 8 of POCSO Act, 2012. In the complaint, it is stated that complainant is residing with her family members and one of her daughter i.e. victim girl is studying in IX standard in G.A.School Belagavi and she use to attend her class daily and the petitioner used to follow her and seeing the same the complainant warned the petitioner not to do so since her daughter is teenage girl and not to disturb her and the petitioner agreed to her advice. On 24.11.2019 the daughter of complainant victim girl left the house at 8.30 pm saying that she is going to attend the naming ceremony in the house of one Hulaji in the same street where the complainant and her family residing. But she did not returned to home up to late night and the complainant searched for victim girl whole night here and there and enquired her other relatives but all went in vain she did not traced out on that night. So on the next day on 25.11.2019 the complainant and others went to Camp Police Station Belagavi and requested the Police orally that her daughter victim girl aged 14 years is missing and the Police gave assurance that they will try. On 26.11.2019 they started searching the victim girl but she did not traced out. Thereafter at 7.30 p.m. the complainant and her relatives returned to home and surprisingly victim girl was in their house and after enquiry she gave the history that on 24.11.2019 the petitioner took her on his Motor Cycle by inducing her and shifted her to one apartment and gave kiss and thereafter after open her pant assaulted sexually repeatedly on 25.11.2019 whole night. So the complainant went to Police Station and filed her complaint. Police arrested the petitioner. The petitioner-accused has filed the bail application before III Addl. Sessions Judge, Belagavi and the same is dismissed. Therefore, the petitioner-accused is before this Court seeking bail.

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