KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 Cr.P.C., seeking bail in Crime No.107 of 2019 of Hubballi Vidyanagar Police Station (Special Sessions Case No.55 of 2019) for the offences punishable under Sections 363 , 376 , 376(n) of IPC and Section 6 of the Protection of Children from Sexual Offence Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006.

(2.) The facts briefly stated in the petition are that on the complaint filed by the father of the victim girl, the police have registered the case. The allegations are that the accused/petitioner- Krishna Basappa Walikar has kidnapped his daughter. Earlier the complaint is registered and the said case is registered as Sessions Case No.32 of 2018. But the accused was acquitted. Thereafter, on 17.07.2019 night at about 9.30 p.m. his daughter fled away from the house along with 15 grams of gold and cash of Rs.75,000/-. Prior to the said incident the victim had also gone out of the house for few days, as such the complaint was not filed. The victim girl is a minor. The accused has kidnapped her by taking undue advantage of her mental immaturity. On registering the case, the police have taken up the investigation. The accused was arrested on 17.10.2019, since then he is in Judicial Custody. The bail petition filed before the Sessions court was rejected.

(3.) Heard the learned counsel for the petitioner and the learned HCGP assisted by the learned counsel for the complainant. Perused the prosecution records available at this stage.