SHIVANAND 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.158/2019 of Haliyal Police Station for the offences punishable under Sections 363 , 366E , 376 and 506 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 one Akash, s/o Manjunath Managundi has lodged a complaint on 13.11.2019 alleging that his sister-victim has been kidnapped by unknown person for unknown purpose. It is stated that on 24.11.2019, the complainant received information that his sister is at Kapsi, Kolhapur in Maharashtra State and he along with his mother and Haliyal police went there and found her and brought them to the police station. It is the further case of the prosecution that on 10.11.2019 at about 13.30 hours, the petitioner had gone on Pulsar bike near Tergaon bus stop and asked the victim to sit on the bike and both of them went to Alnavar and parked the bike at Alnavar bus stand and boarded a bus to Kittur and from Kittur went by bus to Belagavi and again boarded another bus to Miraj and both of them went to a room rented by the petitioner earlier when he was working as a goundi at Miraj and around 10.00 pm he brought two meals and they had their food and slept. It is further stated that after sometime, the petitioner touching her asked to remove her dress at which time she is said to have told him that they are not yet married as he has brought her without informing her parents and asked not to do so in spite of which, he committed sexual intercourse forcibly. It is alleged that the next morning around 9.00 am that he was working at Kapsi village and he has a rented room also and they went to his room at Kapsi village. It is further stated that she told him that she is missing her parents very much and asked him to take her to her village but he did not do so and despite of her denial not to have intercourse, alleges that from 11.11.2019 to 23.11.2019 every night they had intercourse. It is further stated that every morning he used to go out and come in the evening and on arrival of police, her mother and brother, she was brought back to Haliyal. After investigation, charge sheet has been filed. The petitioner, who was arrested, filed a petition seeking bail before the Special Judge and the same came to be rejected. 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.