DYAMANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), seeking to enlarge the petitioner, who is arraigned as accused No.1, on bail in Crime No.157/2021 of Talikot Police Station, registered for the offences punishable under Ss. 143, 147, 323, 343, 363, 376 (i) (n), 354, 504 and 506 read with Sec. 149 of Indian Penal Code (for short 'IPC') and under Ss. 3 (1) (r) (s), 3 (2) (v) (a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) New Act-2015 (for short 'SC/ST (PA) Act') and under Ss. P(L) and 12 of the Protection of Children from Sexual Offences (POCSO) Act-2012 (for short 'POCSO Act'), pending on the file of Addl. Sessions Judge Fast Track Special Court-I (POCSO) at Vijayapur, Dist: Vijayapur.

(2.) It is the case of the prosecution that the father of the victim has filed a complaint stating that his daughter was kidnapped by the petitioner. It is further contended that when the victim was traveling to school in the vehicle of the petitioner, at that time accused No.1 started giving sexual harassment. It is also alleged that family members of the petitioner are also supported the petitioner. They have also threatened the complainant by stating that they will kidnap his daughter. Thereafter, the complaint has lodged by complainant on 7/9/2021. The petitioner and the victim were traced. The petitioner is arrested on 16/9/2021. The police have filed the charge sheet. The bail petition filed by the petitioner came to be rejected by the Sessions Court. Hence, the petitioner has filed this petition.

(3.) Heard Sri. Shivanand V. Pattanashetti, learned counsel for the petitioner and Sri. Gururaj V. Hasilkar, the learned High Court Government Pleader for the respondent No.1 - State.