MIRZA SALMAN BAIG Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused has filed this petition under Sec. 439 of Code of Criminal Procedure (for short 'Cr.P.C') seeking regular bail in Crime No.15/2021 of Grameen Police Station, Kalaburagi, registered for the offence punishable under Sec. 14 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').

(2.) The petitioner/accused contended that he has not committed any offence as alleged and the police have falsely implicated him in Crime No.14/2021 for the offences punishable under Ss. 399, 402 and 120(B) of the Indian Penal Code (for short 'I.P.C') and Sec. 25(1)(B) of the Arms Act and on the basis of some alleged seized mobiles, they have falsely implicated him in this crime; that the alleged offence is not punishable with death or life imprisonment. The petitioner is in custody for more than two months and he belongs to respectable family having movable and immovable properties within the jurisdiction of this Court. Hence, on these amongst other grounds, it is prayed for admitting the petitioner on regular bail.

(3.) The learned High Court Government Pleader objected bail petition, denying the allegations and assertions made thereunder. It is contended that the PSI of Ahok Nagar Police Station, Kalaburagi on the basis of the credible information, raided and apprehended the present petitioner and other accused and seized material objects including the mobile phones and a case was registered in Crime No.14/2021. It is alleged that on verification of the mobile belonging to the present petitioner, it is found that he has taken necked photos of a boy of 8 years old displaying the private parts and hence this case came to be registered.