SIDDARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioner-accused under Sec. 439 of Cr.P.C. for granting regular bail in Crime No.82/2020 registered by the Terakambi Police Station, for the offences punishable under Ss. 363, 376 of IPC, Ss. 4, 6, 8, 11, 12, 18 of POCSO Act and Ss. 8, 9, 10 and 11 of Prohibition of Child Marriage Act, 2006.

(2.) The case of the prosecution is that on the complaint of one Raju, the father of the victim who filed the complaint before the police on 6/11/2020 alleging that his daughter victim girl who is aged 16 years found missing from the house from 5/11/2020. He suspected that accused might have abducted her. Subsequently, during the investigation the police arrested this petitioner on 10/11/2020 and he was taken to custody. On 11/11/2020 the police rescued the victim girl from Chamalapura Hundi. She was subjected to medical examination and later sent to Children Home. The petitioner approached the Sessions Judge for bail, which came to be rejected. Hence, petitioner-accused is before this Court.

(3.) Learned counsel for the petitioner contended that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case. There was love affair between the petitioner and victim. There is no sexual assault on the victim and the statement of victim under Sec. 164 of Cr.P.C. does not reveal the alleged offence. The police have already completed the investigation and filed the charge sheet. Therefore, the presence of the petitioner is no more required by the Police. Hence, prayed for granting of bail.