VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused under Section 439 of Cr.P.C., to enlarge him on bail in Spl.Case No.579/2019 pending on the file of LIV Additional City Civil and Sessions Judge sitting in Child Friendly Court, Bengaluru Urban District, Bengaluru (Crime No.44/2019 of Malleshwaram police station) for the offences punishable under Section 376(3) of IPC and also under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

(2.) I have heard the learned counsel Sri.Ajay Kumar on behalf of Sri.B.Ravidra for the petitioner by virtual hearing and the learned HCGP Sri.H.R.Showri for the respondent No.1 -State. Though respondent No.2 has been served, he has remained absent.

(3.) The genesis of the case of the prosecution in brief is that a man missing complaint was registered by the mother of the victim alleging that the victim girl was aged about 13 years and she was studying in 6th standard and she was alone proceeding to the school. It is further alleged that because of the dengue, she was not mentally fit. On 19.03.2019, at about 7:30 p.m., she has been to grocery shop and when she came back, she noticed that her daughter-victim was not present in the house and then she asked her husband's brother and he told that she has gone out to attend the second call of the nature and subsequently, she did not return. They searched for her daughter and the said victim was not traced and when they were calling by her name, she came running and her dress was scattered and when they went and made an enquiry with her daughter, she disclosed that when she was going to attend the second call of the nature, the petitioner/accused called her and took her inside the house and thereafter, by unrobing her dress, made her to lie on the ground and touched her chest and private part and since one year by telling that he is loving her he used to sexually assault her. On the basis of the said complaint, a case has been registered.