RANGAPPA Vs. STATE

JUDGEMENT

(1.) This petition has been 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.21/2020 of Mundaragi Rural Police Station registered for the offences punishable under Section 363 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and charge sheet was filed for the offences punishable under Sections 363 , 343 , 376(2)(n) and Sections 4 and 5(l) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for short).

(2.) The case of the prosecution is that Irappa Basappa Gadagin had lodged a complaint alleging that his daughter-victim aged about 17 years is studying in 1st year PUC in KVSR college, Gadag. While he was doing coolie work, he knew the petitioner/accused and the petitioner used to visit his house and used to call through mobile and some time his daughter used to receive the phone. One day his daughter informed that the petitioner on and often insisting her to love him. Then the complainant advised the accused not to do so. On 08.02.2020 at about 6.00 am his daughter had been to college and when she did not return, the son of complainant searched her in the college, Gadag city bus stand, M.G. circle etc., but he did not find her. Then he filed a complaint before the Mundargi Police authorities against the petitioner as he has kidnapped his daughter. The police authorities have registered the case against the petitioner in Crime No.21/2020 for the offence under Section 363 of IPC. During the course of investigation, the complainant has given his further statement alleging that the petitioner took his daughter to Bobbi Aladamara village of Tirthahalli taluk where they stayed in a rented house and he used to forcibly intercourse with his daughter. Based on the further statement of the complainant, investigating authorities have filed a requisition to the jurisdictional Court to incorporate Sections 343 , 376(2)(n) and Section 4 and 5(l) of POCSO Act and took up further investigation. On completion of the investigation, charge sheet has been filed for the offences under Sections 363 , 343 , 376(2)(n) and Sections 4 and 5(l) of the POCSO Act. The petitioner came to be arrested on 25.02.2020 and he filed bail application on 24.03.2020 and it came to be rejected on 27.05.2020. 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.