LOKESH K.N. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C., to release him on bail in Crime No.93/2019 of Hosanagara Police Station for the offences punishable under Sections 376(2)(n) and 506 of IPC and also under Sections 5(j)(ii) and 6 of the POCSO Act.

(2.) I have heard the learned counsel Sri. B. S. Prasad for the petitioner/accused and the learned HCGP Sri. Mahesh Shetty for respondent No.1 - State. Notice to respondent No.2/complainant has been served but there is no -3- representation on behalf of respondent No.2/complainant.

(3.) The gist of the complaint is that the victim - complainant is residing along with her parents. Her father is working as a mason and her mother is working in cashew-nut factory. She studied upto SSLC and since she had failed in one subject, she left the school and used to stay in the home. She further stated that since last three months, she used to go to work in Sharmanavari Nursery and she used to come for lunch to the house. She further stated that in the month of July, her father had hired one Lokesh to put drip water connection to their land and at that time, she had acquainted with the petitioner/accused. On 22.07.2019 while she was returning to her house for lunch from the nursery, the petitioner/accused was standing in front of a shop. After having lunch, when she was at her home, at that time, the petitioner/accused came to her house at about 1.30 p.m., and entered her house from rare side door and asked her to give butter milk. While the victim went inside to bring the butter milk, the petitioner/accused followed her and embraced her from the backside, when she resisted and told that she is still minor then the petitioner/accused by saying that nothing is going to happen, sexually assaulted her. It is further alleged that the petitioner/accused continued his physical relationship with her by threatening her that he is going to take away the life of her parents. Subsequently, she noticed that there were no menstruation periods and when she informed her relatives, she was taken to the hospital and a complaint has been registered.