HANUMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Sec. 439 of Cr.P.C., seeking for grant of bail in Crime No.76/2021 registered by Koppal Women Police Station for the offences punishable under Ss. 343 , 363 and 376 of the Indian Penal Code (for short ' IPC ') and Ss. 4 and 6 of Protection of Children From Sexual Offences Act, 2012 (for short 'POCSO').

(2.) Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. Notice issued to respondent No.2 is served and he has remained unrepresented.

(3.) The case of the prosecution is that on the complaint of respondent No.2 before the Police on 8/12/2021 alleging that his daughter-victim girl aged about 17 years 5 months was missing from the house from 14/5/2021, prior to that he was preparing to marry his daughter to this petitioner but, later he received a notice from the panchayath that he cannot marry his minor daughter. Subsequently, she came back to the house on 15/11/2021 and on enquiry she informed that the petitioner/accused forcibly took her to his relatives house and they are started living there and the accused committed forcibly rape on her. Subsequently, she was got stomach pain and after the examination she was found 7 months pregnant. After registering the case on 8/12/2021 the Police arrested the petitioner and remanded to judicial custody. The petitioner approached before the Sessions Judge for grant of bail, which came to be rejected. Hence, the petitioner is before this Court.