G.K. SANTHOSHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No.1 in Crime No.62/2020 registered by Holalkere Police Station, Chitradurga, for the offences punishable under Sections 376 and 506 of IPC and Sections 4 and 6 of Protection of Children from sexual offences Act, 2012 (for short 'the POCSO Act').

(2.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the State.

(3.) The factual matrix of the case is that the complainant, who is aged about 17 years, in the complaint as well as in the statement recorded under Section 164 of Cr.P.C. makes the allegations that she came in contact with this accused through the social media of facebook and used to chat in the mobile. When the complainant not responded to his chat, he threatened her that he would edit her nude photos and paste the same in the social media. Thereafter, on 13.02.2020, which happens to be her birthday, the petitioner came in a Swift car when she was in the bus stand, forcibly took her to the room of his friend for celebrating her birthday. After cutting cake and celebrating her birthday, he subjected her for sexual intercourse. The petitioner also threatened her that he would post her nude photos in the social media if she disclose the same to anybody. Despite having sexual intercourse with her, he continued to threaten her by messaging. Hence, the victim brought the said fact to the notice of her parents and lodged complaint. Based on the complaint, the police have registered the case against the petitioner for the offences punishable under Sections 376 and 506 of IPC and also under Sections 4 and 6 of the POCSO Act.