LAWS(KAR)-2021-6-284

GOPALKRISHNA WADDAR Vs. STATE OF KARNATAKA

Decided On June 25, 2021
Gopalkrishna Waddar Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is filed by sole accused 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.38/2021 of Koppal Women Police Station for the offences punishable under Sections 363, 376 of IPC of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act').

(2.) The case of the prosecution is that One Shameem Begaum has filed complaint stating that she is residing along with her daughter victim girl aged 17 years and on 27.04.2021 at about 5 p.m. her daughter did not return to house and even after searching her, she was not found. It is further alleged that the petitioner is regularly talking with her daughter and even petitioner was missing and therefore suspecting the same, a complaint came to be filed, which is registered in Crime No.38/2021 of Koppal Women Police Station for the offence punishable under Section 363 of IPC. During the investigation, victim girl and petitioner were secured on 29.04.2021 and they were brought to Police Station. The Investigating Officer after investigation has filed charge sheet for the offence punishable under Sections 363, 376(1) of IPC and Section 4 of POCSO Act,2012. The accusation leveled in the charge sheet is that on 27.04.2021 at about 3 p.m. petitioner came near the house of the victim girl and asked her to accompany him. At about 3.30 p.m. they went towards Koppal bus stand and went to Annigeri in a private car. The petitioner committed sexual assault once on the victim girl while they were sleeping near APMC godown. As the petitioner and victim girl could not marry at Annigere they went to Hospet on 29.04.2021. On the way to Hospet, they were secured by the Police. The petitioner came to be arrested on 29.04.2021 and remanded to judicial custody. Petitioner has filed bail application and the same came to be rejected by Addl. District and Sessions Judge, FTSC-1 at Koppal by order dated 24.05.2021. 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.