ASLAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is 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.161/2019 of Yallapur Police Station registered for the offences punishable under Sections 363 , 366 , 376 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sections 4 , 6 , 8 , 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity)

(2.) The case of the prosecution is that one Abdul Gani Abdul Khadar Shekh of Akbar Galli, Yallapur had lodged a complaint at Yallapur police station contending that his daughter is studying 1st year PUC at YTSSPU College and her date of birth is 21.06.2003. He has contended that on 12.09.2019 she returned from college and in the afternoon they had lunch together. Thereafter at 3.30 pm she left home to attend computer class and did not return home and after due search she was not traced and a complaint was filed on 13.09.2019 and the Yallapur police have registered a case in their PS Crime No.161/2019 on 13.09.2019 for the offence under Section 363 of IPC. During the course of investigation, the police have apprehended the petitioner/accused and the victim on 16.09.2019 at Hadapsar village, Poona in the house of the petitioner. The police have allegedly recorded the statement of the victim on 16.09.2019 at Mahila Santvanna Kendra, Yallapur. She had alleged that she had developed friendship with the petitioner over hike app and thereafter they were regularly speaking over mobile phone and friendship had turned into love. She has alleged that on 12.09.2019, the petitioner had called her over her mobile phone and informed that he had come to Yallapur and waiting for her in the bus stand. Accordingly, she left home intimating her parents that she has to attend computer class. When they met, petitioner expressed that he is unable to stay without her and insisted her to come with him. He also expressed her that he is loving her very much and will marry her. The petitioner and she left Yallapur in a bus and reached the house of the petitioner. She was staying in a room of the house of the petitioner. In the night hours, the petitioner went to her room and committed forcible sexual assault on her on several occasions and on the next day also he committed sexual assault on her. She has further contended that on 16.09.2019 at 3.30 am her father and police reached the house of the petitioner and took them to Yallapur Police Station and have recorded her statement on 16.09.2019. After investigation, the police have submitted charge sheet against the petitioner on 04.11.2019 for the offences punishable under Sections 363 , 366 , 376 of IPC and Sections 4, 6, 8, 10 and 12 of POCSO Act. The bail application filed by the petitioner in Special Case No.81/2019 came to be rejected by the learned Special Judge, Uttar Kannada. 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.