BHARATH KUMAR @ TUTTURI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under section 439 of Cr.P.C. to enlarge him on bail in Crime No.327/2015 of Hanumanthanagar police station (Spl. C.C.No.103/2015) pending on the file of LIII Additional City Civil and Sessions Special Judge, Bengaluru for the offences punishable under Sections 363 , 366(A) , 376 , 212 , 342 , 506 read with Section 34 of IPC and Sections 4 , 5(L) , 11(iv) , 12 , 17 of Protection of Children from Sexual Offences Act, 2012. (herein after in short called as 'POCSO Act').

(2.) I have heard the learned counsel Sri.Bharath Kumar.V for petitioner/accused No.1 by virtual hearing and the learned HCGP Sri.Rohith B.J., for the respondent-State.

(3.) The genesis of the case of the prosecution are that a missing complaint was registered by the mother of the victim alleging that on 24.09.2015 at about 5.00 p.m., when she came back from the work she did not find her daughter-victim and then she made an enquiry with the owner of the house. He told that her daughter has left the house at about 4.00 p.m., and has not returned and thereafter, after searching with relatives and friends they did not trace her daughter and as such a missing complaint was registered. Subsequently, the victim was found and she informed that petitioner/accused No.1 came in the auto rickshaw and forcibly took her to the house of his friend Praveen at Kengeri. Thereafter, he took her to Nanjangudu with an intention to marry her and thereafter, they reached the Mysore and stayed at bus stop for two hours and thereafter, went to Nanjangundu and married in the temple and subsequently, they stayed in the house of Praveen and there they had a sexual intercourse for ten days and thereafter, they shifted to the rented house at Sonnenahalli and on 23.10.2015, when both petitioner/accused No.1 and the said Praveen were sleeping, she came out of the house and called her sister. Afterwards, complaint given against petitioner/accused No.1 was noticed and she came back and thereafter, her statement has been recorded under Section 164 of Cr.P.C. Thereafter, the case has been registered.