YAMANAPPA 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.74/2019 of Guledagudda Police Station, registered for the offences punishable under Sections 376 , 376(1) and 506 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity).

(2.) It is the case of the prosecution that the petitioner/accused is aged about 60 years and he is a resident of Guledgudda and residing in house No.264. The victim is aged 14 years. She is the resident of Balaji Oni of Guledgudda town and studying in 8th standard and attending the school passing in front of the house of the accused. The accused knowing fully well that the victim is a minor, inducing her to give tiffin and money, taking her inside his house and committed sexual assault on her. It is further alleged that prior to lodging of the complaint since 5-6 months, the petitioner/accused forcibly taking the victim inside his house and committed sexual assault persistently and the same came to the notice of the complainant and others. The complainant on coming to know about the acts of the petitioner, filed a complaint on 07.12.2019 and a case came to be registered in Guledgudda P.S. Crime No.74/2019 for the offences punishable under Sections 376 and 376(1) of IPC and Sections 4 and 6 of the POCSO Act. The petitioner was arrested on 09.12.2019. Charge sheet has been filed for the offences under Sections 376 , 376(1) and 506 of IPC and Sections 4 and 6 of POCSO Act. The petitioner, at the crime stage, had filed bail application and it came to be rejected. Thereafter, after filing of the charge sheet, the petitioner again filed bail application and it also came to be rejected by order dated 22/05/2020. 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.