JAVEED KHAJASAB KASAB 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.28/2020 of Hanumasagar Police Station registered for the offences punishable under Sections 363 and 376 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012(hereinafter referred to as the 'POCSO Act', for brevity).

(2.) The case of the prosecution is that one Smt. Mabubi lodged a complaint stating that her daughter was studying in 10th standard at Hanumasagar Girls Primary School and while she was going to school, the petitioner/accused, who is their neighbour, used to talk with her daughter and for the said reason, the petitioner/accused was advised by the villagers not to do so. On 22.02.2020, when the complainant and her husband were in the house, the victim girl left the house at about 12.30 pm on the pretext that she is going to her aunts house to bring clothes. At about 7.00 pm, the complainant enquired with Shainaz Begum. She told that after collecting the clothes, the victim left her house at 12.30 pm itself. Thereafter, the complainant along with her son Shoal searched for the victim and she was not found and a complaint came to be registered for the offences under Section 363 of IPC. After investigation, the police have filed charge sheet alleging that the petitioner/accused, on the pretext of loving the victim, took her on 22.02.2020 from Hanumasagar bus stand to Kustagi and then to Hubballi and in one of the villages near Hubballi, he married her and took her to Bengaluru wherein they stayed in a lodge at Majestic for 5 days wherein the petitioner is alleged to have committed sexual assault on the victim. Thereafter, both of them went to Delhi on 28.02.2020 by train and stayed for 11 days near bus stand and railway station and thereafter went to Gazhiyabad, Uttar Pradesh and stayed there. The petitioner was arrested on 12.03.2020. The petitioner filed bail application and the same came to be rejected by the Special Court by order dated 15.07.2020. 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.