RAHUL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C., for granting regular bail in Crime No.126/2020 registered by Tiptur Town Police for the offences punishable under Sections 363, 342, 114, 506, 376 read with Section 34 of IPC, Sections 4, 6, 17, 18 of the Protection of Children from Sexual Offences Act and Sections 9 and 10 of the Child Marriage Restraint Act.

(2.) Heard learned counsel for the petitioner as well as the learned High Court Government Pleader for respondent No.1.

(3.) The case of the prosecution is that on the complaint of one Shahinabanu, the mother of the victim, filed a complaint to the Police on 05.10.2020 alleging that her daughter, the victim girl, aged about 15 years was abducted by petitioner-accused No.1. The petitioner being the neighbour used to speak with her daughter whenever she goes to her tailoring class. That on 27.09.2020 at about 11.00 p.m., her daughter was sitting by holding the mobile phone. Thereafter from 28.09.2020, she was missing from the house. Then she searched for her daughter, but could not find her anywhere. On 03.10.2020, at about 2.00 p.m., the victim girl came back by weeping. When she enquired her, the victim informed her mother that on 27.09.2020, when she was sitting with her mobile phone, the petitioner forcibly abducted her by gagging her with napkin and took her in his Goods Vehicle 407 to his relative's house, kept her for three days and not allowed her to talk with anybody. He has also threatened her. Later, in the night hours, the petitioner took her to a lonely place and obtained her signature. Thereafter, on 01.10.2020, at about 12.00 p.m., the wife of the accused took the victim and left her in a house where the petitioner is said to have sexually assaulted her. On 03.10.2020, at about 5.00 p.m., the victim escaped from the custody of the petitioner. After registering the case, the Police arrested the petitioner and remanded him to judicial custody. Therefore, the petitioner approached the Sessions Judge for bail, which came to be rejected. Hence, the petitioner is before this Court.