VEERENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Both these petitions have been filed by the petitioners under Section 438 of Code of Criminal Procedure, seeking their enlargement on anticipatory bail in Crime No.91/2019 of Manvi Police Station, which is pending in Spl.Case (POCSO) No.414/2019, in Special Court & I Addl.Sessions Judge, Raichur District, Raichur, for the offences punishable under Sections 363, 376, 506, 109 read with Section 34 of Indian Penal Code (hereinafter for brevity referred to as 'IPC') and Sections 3, 4, 6 and 17 of Protection of Children from Sexual Offences Act, 2012 (hereinafter for brevity referred to as 'POCSO Act').

(2.) The summary of the case of the prosecution is that accused No.1 enticed the victim girl who was studying in the High School and was minor in her age and taking her to different places on two different dates, subjected her to sexual assault and also committed rape upon her. In the said process, he made use of accused Nos.2 and 3 to pass on a Cell phone with Sim card in it to the victim. As such, the charge sheet alleges that both these petitioners as accused Nos.2 and 3 have abated the commission of crime by accused No.1 as against the victim girl.

(3.) Learned counsel for the petitioners while reiterating the contentions taken up by the petitioners in their petitions submitted that, as against the present petitioners, neither any overt act has been alleged nor any material has been collected by the Investigating Officer to prove the alleged guilt. However, merely because they are said to have delivered a Cell phone to the victim girl at the instance of accused No.1, both the petitioners have been roped in the crime as though they have abated the commission of crime.