KARIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused under Section 439 of Cr.P.C. to release him on bail in Crime No.202/2019 of Bharamasagara Police Station in Special Case (POCSO) No.23/2020 (pending on the file of Special II Additional District and Sessions Judge, Chitradurga) for the offences punishable under Sections 363 , 344 , 376(I)(N) of IPC and also under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter in short called as "POCSO Act").

(2.) I have heard the learned counsel Sri. R.B. Deshpande, for the petitioner/accused virtually and the learned High Court Government Pleader Sri. R.D. Renukaradhya, for the respondent-State. Notice issued to respondent No.2 - complainant.

(3.) The gist of the case of the prosecution is that a missing complaint has been registered on 20.11.2019 alleging that on 05.11.2019 at about 7.30 p.m., the daughter of the complainant - victim went to the shop and has not returned home. Inspite of searching her, they were not able to find her and subsequently, the victim has been traced and her statement has been recorded. The statement of the victim revealed that she left the house on a motor cycle and subsequently, she had been to a coffee estate and was staying in the house of the petitioner/accused and there petitioner/accused used to have a penetrative sexual assault on her. On the basis of the complaint, a case has been registered. After investigation, the charge sheet has been filed.