RAMESHA K @ KADDI RAMESH 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.134/2019 of Sirigere Police Station registered for the offence punishable under Sections 354(D) , 363 , 366 , 376 , 506 of IPC and Sections 4, 6 and 12 of POCSO Act, 2012.

(2.) The case of the prosecution is that one Mallikarjuna father of victim girl had filed complaint alleging that his daughter victim girl is aged about 17 years was PUC student and she was regularly attending the classes in Ballari S.G.College. It is further alleged that on 13.12.2019 at about 7.30 a.m. as usual she went to Ballari to attend the classes, but she did not return to home on that day. It is further alleged that inspite of searching the victim, complainant failed to trace her and subsequently he came to know that she went with petitioner-accused. Therefore, he lodged complaint on 15.12.2019. On the basis of the complaint a case came to be registered in Sirigere P.S., Ballari Crime No.134/2019 for the offence under Section 363 of IPC. After investigation, Police have filed charge sheet for the offences punishable under Sections 354(D) , 363 , 366 , 376 , 506 of IPC and Sections 4, 6 and 12 of POCSO Act, 2012. The accusations made in the charge sheet is that victim girl was sitting in Basket Ball ground of S.G. College, Ballari and at that time the petitioner-accused went there and told her that her parents are in new bus stand, Ballari and they have asked him to bring her and so saying falsely, he took the victim girl by threatening her stating that he will kill his father and took her in Bus to Ananthpur and thereafter in train to Tirupathi and stayed there in a room wherein he has sexually assaulted her and thereafter on 17.12.2019 he brought her to Ballari and sent her to Sirigere in a Taxi. Hence, the complainant went to Police Station and filed her complaint. Police arrested the petitioner. The petitioner- accused has filed the bail application before I Addl. District and Special Judge, Ballari and the same is rejected by order dated 10.06.2020. 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.