MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner / accused under Section 439 of Cr.P.C. seeking regular bail in S.C.No.25/2020 arising out of Crime No.199/2019 of Vemagal Police Station for the offences punishable under Sections 307 , 363 , 376 and 506 of IPC and so also the offences under Sections 4 and 6 of the POCSO Act, 2012. The accused is in judicial custody. Therefore, the counsel is praying for enlargement of the petitioner on regular bail for the grounds urged therein.

(2.) Heard the learned counsel for the petitioner and so also the learned HCGP for the State appearing through video conferencing.

(3.) It is stated in the theory of the prosecution referring to the FIR said to be recorded by the police for the alleged offences, that the prosecutrix who is the victim aged about 19 years had given a complaint on 25.11.2019 alleging that while she was returning from her College at around 5.00 p.m. in the evening, near Chitanahalli Gate, the accused who had come in his motor bile had requested her to come along with him under the pretext of dropping the said victim girl to her village. Thereafter, the accused had taken her near Shettimadamangala village at around 6.00 p.m. to the forest area. Despite of protest made by the victim girl, the accused had ravished her or otherwise to say, had committed sexual intercourse on the victim by extending threat not to disclose the incident, or else she would face dire consequences. Therefore, she filed a complaint two days later, i.e., only on 27.11.2019. Based upon the complaint, the crime came to be registered for the aforesaid offences. Thereafter, the case has been taken up for investigation by the I.O. and thoroughly investigation done by the I.O. and during investigation, he recorded the statement of witnesses and so also drew the mahazar and so also collected the material documents relating to the victim girl who had given a statement under Section 164 of Cr.P.C. and also was subjected to medical examination by the Doctor. The heinous offences committed by the accused are reflected in the substance of the charge-sheet and so also the material collected by the I.O.