SIDDAMALLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.2 under Sec. 439 of Cr.P.C. for granting of bail in Crime No.160/2019 registered by Chamarajanagar East Police Station, Chamarajanagar for the offences punishable under Ss. 366, 376, 376(N), 376(F), 376(1), 506 read with 34 of IPC and Ss. 4, 6, 8 and 12 of the POCSO Act.

(2.) The case of the prosecution is that the complainant Rajashekara, the father of the victim, filed a missing complaint on 16/6/2019 alleging that his daughter aged 17 years is missing from the house from 9/6/2019 onwards. During the investigation, the Police apprehended the petitioner and the victim on 24/6/2019 and he was remanded to judicial custody. It is revealed by the prosecution that the present petitioner is said to have abducted the minor girl and stayed somewhere out of station for some time and when they came to Male Madeshwara Hill, the Police apprehended them. The petitioner tried to run away and the victim was rescued and subjected to medical examination. Later, charge sheet came to be filed. The petitioner approached the Sessions Judge for bail, which came to the rejected. Hence, he is before this Court.

(3.) Learned counsel for the petitioner contended that the petitioner is innocent of the alleged offence and there is no allegation against this petitioner. As per the statement of the victim under Sec. 164 of Cr.P.C. the entire allegation is against accused No.1, who committed rape on the victim. The petitioner-accused No.2 is in custody for more than 1 1/2 years. The petitioner is ready to abide by the conditions that may be imposed by this Court. Hence, prayed for grant of bail.