VASUDEVA @ VASU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.2 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.10/2020 of Yelburga Police Station, Koppal district, registered for the offences punishable under Sections 448 and 376 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 4 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 the victim studying in 8th standard has filed a complaint stating that she is residing along with her family members and her father is a peon and elder sister is given in marriage and her brother and younger sister are staying in the house. It is further alleged that on 11.01.2020 at about 9.00 am the victim along with one Netra, who is studying in 1st standard were proceeding from Chikoppa tanda to their school, at that time, when they were passing through the land of one Sharanappa Bandi, at that time, accused No.1-Shivu came behind, caught hold mouth of the victim and threatened Netra to go to school and later the victim will come to school and accordingly accused No.1 forcibly took her to the shed situated by the side of the road wherein accused No.2 was there and accused No.1 by leaving the victim in the said shed went away and accused No.2 persuaded the victim stating that he will marry her and he was in love with her and that without her consent and will, said to have committed rape on her knowing that she is a minor. It is further alleged that the victim raised hue and cry and hearing the same, her uncle-Ramachandra came there and she informed about the incident to him and thereafter narrated the incident to her parents. But the parents thought of their reputation and did not lodge the complaint. However, after 14 days of the incident, after discussion with the elders, the victim lodged a complaint against the accused persons. The victim gave further statement wherein it is stated that on 11.01.2020 at about 9.00 am when she was about to go to school and waiting for her friends and at that time nobody were in the house and accused No.2/petitoner entered into the house, persuaded her that he was in love with her and he would marry her and by saying he committed rape on her despite of resistance knowingly that she is a minor. The police after investigation filed charge sheet only against the petitioner(accused No.2) and did not sent accused No.1-Shivu for trial. The said charge sheet has been filed for the offences punishable under Sections 448 and 376 of IPC and Section 4 of the POCSO Act. The petitioner was arrested on 27.01.2020. The petitioner filed bail application in Crl.Misc.No.191/2020 and the same came to be rejected by the FTSC-1, Koppal, by order dated 22.07.2020. 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.