K.RAMANJANEYALU Vs. STATE

JUDGEMENT

(1.) Petitioner, who is the sole accused in Spl.CC.No.534/2017 pending on the file of Rs.Addl. City Civil & Sessions Judge, Bengaluru, for the offences punishable under Sections 363, 366, 342 & 376 IPC and Sections 4, 5(1) and 6 of the Protection of Children from Sexual Offence Act, 2012, has filed this petition under Section 439 Cr.PC.

(2.) Complainant - Smt. Husenamma had initially lodged a complaint on 13.04.2017 before Kodigehalli Police Station, Bengaluru City, complaining that her daughter aged about 14 years who was studying in 8th Standard in R.N.Public High School, Nagathihalli, was missing. On the basis of the said complaint, case in Crime No.88/2017 was registered by Kodigehalli police as against the petitioner. During the course of investigation in the said case, the missing girl was traced and her statement was recorded by the police on 26.04.2017 which goes to show that the missing girl had gone to her friend's house and in the said statement it is mentioned that since the minor girl had refused to go with her mother after she was traced, the police had kept her in the custody of Balamandir and on 25.04.2017 she was taken by her mother from the said Balamandir. The complainant - Husenamma also had given her statement on 26.04.2017 before Kodigehalli police stating that by mistake the complaint was lodged and she had prayed for closing the said complaint.

(3.) Subsequently, on 26.05.2017, complainant - Husenamma has given yet another complaint stating that her daughter aged about 16 years had eloped along with the petitioner about 15 days back and they had come back. Thereafter, the minor girl was sent to the house of her maternal uncle at T.Dasarahalli and on 10.05.2017, the minor girl was missing even from the said place. In the complaint dated 26.05.2017, the complainant has stated that the petitioner appears to have forcibly taken her daughter. On the basis of the said complaint dated 26.05.2017 which was lodged before the Bagalagunte Police Station, case in Crime No.223/2017 was registered for the offences punishable under Section 363 IPC. During the course of investigation, on 17.07.2017 petitioner was arrested. The police after investigation have filed charge sheet against the petitioner for the offences punishable under Sections 363 , 366 , 342 and 376 IPC and Sections 4, 5(1) and 6 of POCSO Act, 2012.