JOEL ABRAHAM D.V. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused under Sec. 439 of the Code of Criminal Procedure, 1973, (for short, 'the Cr.P.C.') for granting regular bail in Crime No.69 of 2021 registered by Banaswadi Police Station, Bengaluru, for the offences punishable under Ss. 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') and under Sec. 363 of the Indian Penal Code, 1860 (for short, 'the IPC').

(2.) Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that, on 20/2/2021, the victim girl lodged a complaint to the Police alleging that she came in contact with the petitioner and became friends. On 29/12/2020 at about 3:00 p.m., the petitioner took the victim to Hotel Nandana Palace near Kammanahalli and booked one room for celebrating her birthday, at that time, the petitioner hugged and kisser her. Again on 17/2/2021 about 4:00 p.m., the petitioner took the victim girl to same Hotel on the occasion of his birthday celebration and after celebration, the petitioner hugged and kissed her. Therefore, the victim lodged a complaint for sexually assaulting her. After registering the case, the Police arrested the petitioner on 21/2/2021 and filed charge-sheet. The petitioner approached the Sessions Court for granting bail, which came to be rejected. Hence, this petition.