H. J. SACHIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Sec. 439 of Cr.P.C., for granting bail in Crime No.71/2018 (Spl.C(POCSO)NO.29/2020) registered by Chickmagalur Police for the offences punishable under Ss. 376(2)(i)(n), 506 of IPC and Ss. 5(j)(ii)(L) and 6 of Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for brevity).

(2.) The case of the prosecution is that on the complaint of victim herself filed before the police on 9/3/2018 alleging that the accused used to come to the house under the guise of studies and she was studying 10th standard, the accused was studying B.A. and during that time, the accused is said to have sexually assaulted her between 1/7/2017 and 8/3/2018, due to which, she became pregnant. After registering the case, the police were trying to arrest this petitioner. He has approached this Court for grant of anticipatory bail in Crl.P.No.6725/2020, which came to be dismissed as withdrawn with liberty to file regular bail petition by surrender vide order dtd. 30/11/2020. Accordingly, the petitioner is said to have surrendered before the police on 11/12/2020 and he is in judicial custody. Hence, he is before this Court.

(3.) Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case. He submits that the trial is already commenced before the Special Court where the victim and her mother have turned hostile. There is no case against this petitioner for the offence which he has committed. Hence, prayed for allowing the bail petition.