MOHAMMED SHAHID KHALEEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking regular bail in Crime No.15/2020 of Devarajeevanahalli Police Station, Bengaluru for the offence punishable under Sections 363 and 366 of IPC and Sections 7 and 8 of the POCSO Act. Since from the date of his arrest, the accused is in judicial custody. Therefore, learned counsel for the accused is seeking for regular bail amongst the grounds urged herein.

(2.) It is stated in the complaint that on 18.01.2020 at about 1.30 p.m., Smt.Sameena had gone to the police station and filed a written complaint before the respondent police stating that she was residing at Muniveerappa Layout, Shampura, Bengaluru along with her two children since 5 years. She had married to one Firoz about 17 years back. Out of the said wedlock she gave birth to two children. The first daughter by name Iram, aged about 16 years was staying at home as she had failed in SSLC. That on 17.01.2020 at about 7.15 p.m. the complainant went to Nagavara and returned home at 10 p.m. After reaching home she found that her daughter was not in the house and she had left the house by taking all her clothes without informing anyone in the house. The daughter of the complainant was said to be using mobile bearing No.7022318264 and when the complainant called on that mobile number, it was switched off. She had searched for daughter with friends and relatives and she was not found anywhere and made a request to the police to secure her. Based upon her complaint the case in Crime No.15/2020 came to be registered by the respondent police against the accused for the aforesaid offences.

(3.) On investigation, the police is said to have got information that the accused had forcibly taken her to Hyderabad, where he had rented a room in a lodge and sexually assaulted against her will. Further, it is alleged that when the victim was taken forcibly by holding kerchief to her face and on account of that, she lost conscious and when she gained conscious she was in a hotel at Hyderabad. The accused had insisted the victim to marry him as he was in love with her and also threatened that, if she does not marry he will cut his hand with blade. The respondent police went to Hyderabad and apprehended both the accused and the victim.