YATHISH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner/accused No.3 in Spl.C.C.No.909/2019 arising out of Cr.No.75/2019 of Jagajeevanram Nagar P.S. for the alleged offences punishable under Sections 376D , 366A of IPC besides Sections 5(G), 6, 14 of POCSO Act, 2012, Section 75 of the JJ Act and Section 67(b)(E) of the IT Act. The accused is in judicial custody since from the date of his arrest. Therefore, the counsel is praying for enlarging him on regular bail for the grounds urged therein.

(2.) Heard the learned counsel Smt. Padmavathi N for the petitioner who is present physically before court and so also the learned HCGP for the State who as well is physically present before court.

(3.) It is stated in the charge-sheet that on 5.6.2019, this petitioner as well as Accused Nos.1 and 2 had committed the alleged offences on the victim girl aged about 17 years 4 months. But the incident had taken place in the house of Accused No.1. Accused No.1 is alleged to have sexually assaulted the victim girl. Accused Nos.2 and 3 are alleged to have secured the victim girl to the room of Accused No.1. Thus, the allegation against the petitioner / Accused No.3 is that he had taken the victim girl to the room of Accused No.1, where Accused No.1 had committed sexual assault on the girl. But the petitioner also has been lugged into the alleged crime for having committed the offences reflected in the FIR said to have been recorded by the police in Cr.No.75/2019.