BABU NAYAK 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 Crime No.92/2019 of Jalahalli Police Station (Spl. Case No.40/2020 pending on the file of LIV Additional City Civil and Sessions Judge, Bengaluru) for the offences punishable under Sections 366A , 376(2) of IPC and Sections 5(L)(N) and 6 of Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for brevity).

(2.) I have heard Sri. Pradeep C.S., learned counsel for Sri. Gajendra C.V., learned counsel for the petitioner/accused virtually and Sri. R.D. Renukaradhya, learned HCGP for the respondent - State. Notice to the complainant has been served and there is no representation.

(3.) The gist of the complaint is that the mother of the victim filed a missing complaint alleging that her daughter aged about 15 years was found missing from 15.09.2019. On the basis of the missing complaint, a case has been registered. During the course of investigation, on 04.10.2019, Police traced out the petitioner/accused and the victim. Victim has been brought to the police station and on enquiry, she revealed that the petitioner/accused was loving her and on 15.09.2019, the petitioner/accused secured her to Hosakerehalli and took her from there promising to marry her and they went to Chintamani and there she has been kept in a house known to him for two days and during the said period, she has been sexually assaulted and thereafter, the petitioner/accused took her to his native place and there also she has been kept in his house and during the night times, he used to sexually assault her. Hence, on the basis of the statement given by the victim, after investigation, the charge sheet has been filed.