MR. VIJAYAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed under Section 439 Cr.PC by the accused in Crime No.201/2019 registered by Subramanyapura Police Station, Bengaluru, for the offences punishable under Sections 366 & 376 IPC besides Sections 3 & 4 of POCSO Act.

(2.) Since from the date of his arrest, the petitioner is in judicial custody. Therefore, learned Counsel for the petitioner prays for enlargement of the petitioner on regular bail amongst the grounds urged therein.

(3.) It is alleged in the complaint that the complainant is the only daughter to her parents. That about two years back, she was residing with her parents at Doomlight Circle in Kolar City. At that time, through her friend Meghana, she became acquainted with the petitioner. Subsequently, the victim and the accused fell in love with each other by talking telephonically. On coming to know about the said acquaintance, her parents vacated the house at Kolar and came to Bengaluru and the victim- complainant started residing with her parents. Though the victim came to Bengaluru, the accused continued with the telephonic conversation with her. The accused used to come to Bengaluru City Market and they were meeting each other. The accused had assured the victim that he will marry her. That in November 2018, the accused who came to Bengaluru City Market, secured the complainant to City Market. At about 10.30 a.m., the accused brought the complainant to Sangam Lodge. He took a room on rent. The complainant and the accused talked to each other in the room at Sangam Lodge. Thereafter, the accused had sexual intercourse with the complainant, and thereafter, he pacified her in respect of the said incident. Thereafter, at around 3.00 p.m., the accused brought the complainant to City Market and sent her in BMTC Bus. It is further stated in the complaint that the father of the victim came to know about the complainant talking to the petitioner on phone. Therefore, he took away the phone from her in the month of December 2018. However, the complainant did not know about her pregnancy. That on 11.07.2019 at about 7.30 p.m., the complainant became unconscious. Therefore, her parents took the victim to Vanivilas Hospital. The victim was informed about her pregnancy on 11/12th July 2019 at about 1.30 p.m. She was subjected to surgery and a dead fetus was taken out. Based on the said complaint, Crime No.201/2019 came to be registered by the respondent-police. Subsequently, the Investigating Officer has taken up the case for investigation and thoroughly investigated the case and laid the charge sheet against the accused.