YELLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, who is arraigned as accused No.3 has filed this petition under Section 438 of Cr.P.C. seeking anticipatory bail in Crime No.255/2020 of Vijayapur Rural police station for the offences punishable under Sections 363 and 376(2)(i) read with Section 34 of Indian Penal Code, 1860 (for short 'IPC') and under Sections 3(a), 4 and 17 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').

(2.) The petitioner contend that he has every reason to believe that he would be arrested in Crime No.255/2020 registered for the offences punishable under Sections 363 and 376(2)(i) read with Section 34 of IPC and Sections 3(a), 4 and 17 of POCSO Act and there are no reasonable grounds to believe that he is involved in the said crime. He is innocent of the offences alleged against him. He also contend that the allegations are not believable and the prosecutrix and accused No.1 were in love and she has voluntarily accompanied him and petitioner has no role to pay in the crime.

(3.) Learned High Court Government Pleader has filed objections stating that the offences alleged against the petitioner are heinous in nature and as such, the petitioner is not entitled for anticipatory bail. There is prima facie material to prove the involvement of the petitioner in the crime. In the event of granting bail to the petitioner, he may abscond and thereby delay the trial and he also may threaten or tamper with the prosecution witnesses and prays to reject the petition.