JAVED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 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.102/2019 of Dandeli Town Police Station registered for the offences punishable under Sections 363 , 366 , 342 , 376 , 324 , 354 read with Section 34 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.) The case of the prosecution is that informant first victim, d/o Ashokgowda, aged 16 years, resident of Vanashri Nagar, Dandeli, filed a complaint that on 05.11.2019 contending that she is studying in SSLC and her father is working in a private firm. She has further alleged that when she was studying in 9th standard, she came in contact with one Javed S/o Riyaz Murgod of Dandeli through Instagram. The said friendship turned into love and both were loving each other and the said Javed was all the while telling that he will marry her. In the month of October she along with her friends went to a fair at a place called Gunji even though her parents had objected for the said visit. She has further contended that on 11.10.2019, she went to the fair along with Javed and on the night of the said date they stayed together in the house of her friend. On the next day, that is on 12.10.2019, she and her friend Javed returned to Dandeli. Since it was late in the night, she went to the house of Javed and stayed there under the fear that her parents will question her. In the said house both of them stayed together and Javed was intending to have sexual relationship with her but it was not performed. On the next day, that is on 13.10.2019 Javed had sexual relationship with her in the morning. The uncle of Javed had seen complainant and Javed and insisted complainant to get her parents. Thereafter, it was conveyed to one Mr.Kocchu alias Ranjith, he came to their house representing himself as brother of complainant and took her to her house. Thereafter, said Ranjith started calling her and insisting her to meet him and was telling her that he is loving her. She has further alleged that on 29.10.2019 at about 12 in the afternoon, she went to the house of her friend-the second victim, at about 7.00 pm said Ranjith came to the house of 2nd victim and threatened her and assaulted her with stick on her leg. At that time she called her cousin Deepak and told him to get her home. Once again she returned to home of her friend-the 2nd victim and conveyed the same to Javed. Javed came there and took her to IPM resort and booked a room in the said resort. Her friend-the 2nd victim called her boyfriend Dinesh and all of them stayed in the said room. She has further alleged that Javed had sexual contact with her on the said day and on the next day also. Thereafter on 31.10.2019 they all went to Belagavi to witness Karnataka Rajyothsava parade and they reached on 31.10.2019 at 7.00 pm and stayed in a room. Further she has alleged that on Nov.1, 2019 they reached Goa by a train. There they have visited Koluo beach and they were in railway station, some person from child-helpline met them and made enquiry as to their age and about their parents the said persons have informed her parents and she has returned to her home and on 05.11.2019 she has lodged a complaint to the Dandeli Town Police Station.

(3.) In the charge sheet, the petitioner has been arrayed as accused No.1 and he was arrested on 07.11.2019. The petitioner/accused No.1 had filed a bail application in Spl.Case No.1/2020 and the same came to be rejected by the learned Special Judge, Uttar Kannada on 07.03.2020. Therefore, the petitioner is before this Court seeking bail.