BLAZE Vs. STATE OF KARNATAKA

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 Special Case No.10/2020 on the file of the Additional District and Sessions Judge, FTSC-1, U.K., Karwar, for the offence punishable under Sections 354D, 363, 448 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.) It is the case of the prosecution that the victim has filed the complaint on 24.12.2019. In the said complaint, it is alleged that she is aged 13 years 8 months and she is studying in 8th standard at Siddivinayaka School at Siddapur and her date of birth is 04.04.2006. It is further stated that since June 2018 she is traveling to school by bus. In the month of November, when she was returning from school, the petitioner smiled at her and thereafter regularly the petitioner used to stand at the bus stop and had conversation. The petitioner introduced himself and the petitioner asked for the mobile number of the complainant. Both have exchanged the mobile numbers. It is further alleged that after completion of school hours, the petitioner had sent messages and called regularly. Due to ill-health of the sister of the victim, her parents were at Manipal. The parents of the complainant/victim smelt the relationship in the month of January last week and they have warned but he continued with messages and calls. The petitioner regularly met the complainant at bus stop and he used to give chocolates. When the complainant fell sick in the month of March, the petitioner dropped her to her house. It is further alleged that the petitioner had phone called the complainant asking her to permit him to stay at her house and the complainant refused but later she has agreed and on 21.12.2019 at about 1.00 am, the petitioner had come to the house of the complainant and the complainant escorted the petitioner to her bed room at upstairs. The petitioner removed the clothes of the complainant and had sexual intercourse twice. The petitioner left the house at 4.00 am. On 23.12.2019, the complainant had been to school and on the same day the petitioner had phone called the complainant asking her to permit him to stay in her house. The complainant allowed the petitioner to come inside the house by opening the door, escorted to her room and had sexual intercourse twice. The petitioner left the house of the complainant at 4.00 am and while leaving, the village people have caught hold of the petitioner and produced before the police. The said complaint came to be registered in Crime No.204/2019 in Siddapur Police Station for the offence punishable under Sections 354D, 363, 448 and 376 of IPC and Sections 4 and 6 of POCSO Act. The petitioner was taken into judicial custody on 24.12.2019. The Investigating Officer has filed charge sheet and the case is now pending in Special Case No.10/2020. The petitioner filed bail application and the same came to be rejected by the learned Additional District and Sessions Judge-FTSC-I, U.K., Karwar by order dated 02.07.2020. 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.