TEJAS KUMAR R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.42/2022 of Tavarekere Police Station for the offences punishable under Ss. 376 and 417 of IPC and Sec. 4 & 6 of POCSO Act, 2012.

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

(3.) The factual matrix of the case of the prosecution is that complaint is lodged against the petitioner by the complainant that both were having acquaintance with each other and they became friends and also both of them were loving each other and in the month of July, 2019 when nobody was in the house of the petitioner, he called the victim to his house and he also persuaded her that he is loving her and also he would get consent from his family members to marry and by promising that he would marry her, he subjected her to sexual act as against her wish and when his family members were there in the house, he used to take her to gas godown and continued his sexual act promising that he would marry her and he also collected an amount of Rs.10,000.00 from her for consuming alcohol. Even two months back also the petitioner subjected the victim girl to sexual act and now he turned hostile to his promise. Hence, complaint is lodged by the complainant against the petitioner. Based on the complaint, the Police have registered a case and investigated the matter and now charge sheet has been filed. In the charge sheet also an allegation is made against the petitioner that he had repeatedly subjected the victim girl to sexual act and accusation is made that she was subjected to sexual act repeatedly when she was 16 years old.