HONNAPPA M BARAKER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the 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.13/2021 of Koppal Women Police Station for the offences under Sections 363, 376(1)(2)(i) of Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity).

(2.) It is the case of the prosecution that, one Subhasappa S/o. Neelappa Muttal has filed a complaint on 08.02.2021 stating that on 06/02/2021 when he returned from his farm, he enquired about his daughter-victim girl with his wife, for which wife told that victim girl has went outside and when she did not return home till 5.30 p.m., the complainant started to search her, but could not find her. The complainant doubted that somebody had kidnapped her and suspected that the petitioner/accused might have kidnapped their daughter. The said complaint came to be registered in Crime No.13/2021 of Women Police Station, Koppal for the offence punishable under Section 363 of IPC. The petitioner/accused came to be arrested on 28.03.2021 and remanded to Judicial Custody. The Police after investigation filed charge sheet against the petitioner/accused for the aforesaid offences. The petitioner has filed bail application in Spl.SC (POCSO) No.6/2021 and the same came to be rejected by the learned Additional District and Sessions Judge, FTSC-1, Koppal by order dated 18.05.2021. Therefore the petitioner is before this Court seeking bail.

(3.) Heard the arguments of learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent No.1- State. Respondent No.2-complainant, in spite of service of notice remained absent and unrepresented.