POOJARI SURESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C. seeking to enlarge the petitioner on bail in Crime No.72/2020 of Kudligi Police Station.

(2.) Heard the learned counsel for petitioner, learned HCGP for respondent-State as well as learned counsel appearing for the complainant.

(3.) Initially, on a missing complaint lodged by father of the victim girl, a case was registered for an offence punishable under Section 363 of IPC. It is stated that the minor daughter of the complainant aged about 17 years 3 months has been missing from the early hours of 24.3.2020. On taking up investigation, the police traced the victim girl as well as the accused near Sandur bus stand in Ballari on 1.4.2020. Thereafter, statement of the victim was recorded under Section 161 of Cr.P.C., wherein she has stated that both of them are in love and on 23.3.2020 at about 5.30 p.m., when she had gone out to attend nature's call, accused called her and stating that he will marry her, took her to Bevinalli Durgamma temple and tied Tali and thereafter, stayed in the said temple on that night and in spite of her resistance, committed penetrative sexual assault on her. On the next day, i.e. on 24.3.2020, the accused took her to Ballari and from there to a Darga Honnur village, Andhra Pradesh and stayed in Darga and again he committed sexual assault on her.