RAFEEK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 Cr.P.C. seeking bail in Special Case No.47/2019 (Savalagi P.S. Crime No.66/2019) for the offences punishable under Sections 363 , 366 , 376(1) IPC, under Section 4 of the POCSO Act, 2012 and Section 3(1)(w)(i)(ii) , 3(2) (v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(2.) The facts briefly stated in the petition are that, on the complaint filed by mother of the victim, the respondent-police have registered the case. The allegations are that the petitioner being a friend of brother of the complainant, was frequently visiting the house of the complainant and he had developed intimacy with minor girl. Therefore, the complainant and her family members had warned the accused-petitioner not to come to their house. Since then he had stopped coming to their house. Later on 27.06.2019 morning at 11.00 a.m. the victim girl left the house on the pretext of going to a tailor shop, but she did not return home. On enquiry, it was learnt that the accused-petitioner had kidnapped minor girl and had sexual intercourse with the minor girl against her wish thereby the accused has committed the offences.

(3.) On registering the case, the police have conducted the investigation and submitted the charge sheet. The accused was arrested on 30.06.2019 since then he is in judicial custody. The bail petition filed by the petitioner before the Sessions Court was rejected.