LAWS(KAR)-2020-8-380

CHANDRU M OHAN HARIJAN Vs. STATE OF KARNATAKA

Decided On August 25, 2020
Chandru M Ohan Harijan Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is filed by the accused under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.35/2019 of Malamaruti Police Station registered for the offence punishable under Sections 366(A) , 384 and 376 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity).

(2.) The case of the prosecution is that one Smt.Karevva Papanna Konji-complainant has stated in her complaint that she is residing with her daughter, the victim, who is studying in PUC II year. It is further stated that on 14.01.2019, the petitioner was standing near the house of the complainant and hence, the complainant and her husband went to the house of Parwati, the brother's wife of the petitioner regarding the act of the petitioner and the said Parwati told them that they will warn the petitioner and it was at 12.30 pm. On the same day at about 2.00 pm, when complainant's husband was not in the house and the complainant was sleeping, at about 3.00 pm, when the complainant got up and searched for her daughter, she was not there in the house. Thereafter, she enquired in the house of the petitioner and learnt that he was also not found in the house and hence she confirmed that the victim has left the house along with the petitioner. But on the same day, no complaint came to be filed considering the future of the victim. But the complainant's daughter did not return home till 27.03.2019, the complainant went to the police station and filed a missing complaint. During investigation, the police arrested the petitioner in Gokak on 16.04.2019 and interrogated him and sent to BIMS for medical examination and from there, he jumped away and subsequently he has been re-arrested on 02.05.2019 and since then, he is in judicial custody. The investigation is complete and charge sheet has been filed. The accusation in the charge sheet is that the petitioner took the victim and went to Kolhapur and stayed there along with her and had sexual intercourse with her forcibly. The petitioner moved bail application and the same came to be rejected by the learned III Additional Sessions Judge, Belagavi. Therefore, the petitioner is before this Court seeking bail.

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