BEERESH T Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal preferred by the appellant / accused in S.C.No.63/2021 seeking to set aside the order passed by the Court of the II Addl. District & Sessions Judge and Special Judge, Davanagere in S.C.No.63/2021 and thereby seeking to allow the appeal and enlarge the appellant / accused on bail.

(2.) Heard the learned counsel Shri Rudrappa P for the appellant / accused, learned counsel Shri Umashankar F. Megundi for Respondent No.2 who appear through video conferencing and the learned HCGP for Respondent No.1 who is present before court physically.

(3.) It is contended by the learned counsel for the appellant during the course of his arguments through video conferencing, that accused who is the appellant before this court is an innocent person and he has not at all committed the alleged offences. But based upon the complaint filed by the complainant, the case in Cr.No.31/2021 has been registered by the first respondent / police by recording an FIR initially for offences under Section 363 of the IPC. Subsequent to registration of the crime against the accused, the I.O. has taken up the case for investigation and thorough investigation has been done and laid the charge-sheet before the Committal Court. The Committal Court had accepted the charge-sheet and took cognizance of offences under Sections 363 and 376 of the IPC, besides Section 6 of the POCSO Act, 2012 and so also for offences under Sections 3(1)(w), 3(2)(v), 3(2)(v-a) of the SC & ST (POA) Act, 1989. Subsequent to laying the charge-sheet against the accused, the case has been committed to the Special Court, which court registered the case in S.C.No.63/2021. This is the first limb of argument advanced by the learned counsel for the appellant.