PRAVEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the accused No.1 under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for short) for granting bail in respect of Crime No.161/2021 registered by Vidyanagar Police for the offence punishable under Ss. 363, 343, 346, 376, 506 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ', for short) and under Ss. 6 and 8 of Protection Of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for short).

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

(3.) The case of the prosecution is that on the complaint of victim, the police registered a case on 10/12/2021 wherein she has stated that their native is Dundur village of Gadag Taluk as her brother is working at Hubballi, they shifted their house to Hubballi. She was studying in first year PUC. She studied High School at Shagoti which is near to her native place i.e., Dundur. At that time, the accused used to see her and thereby the victim girl knew the accused. It is alleged that prior to six months of the incident, the accused somehow took her phone number and used to message her and the victim blocked his number. That on 25/11/2021, at 8.00 a.m., the victim came to Hosur Bus stop in order to go to college but she was not interested to go to college and she was standing in the bus stop. At that time, the accused came there and asked her to love him and he also assured her that he will marry her and then a bus came, he took her in the bus. He took her to his house wherein his mother and aunt were there. Thereafter, they all together took the victim to the house of the uncle of the accused in Omni car. There the accused kept the victim in his uncle's house in a room for three days. During that time, he committed rape on her in spite of her resistance. The victim told the same to the uncle of the accused but he scolded the victim and instructed her not to disclose the same to anybody and threatened her. Subsequently, she started striking without taking food and demanding to send her back to her home. Thereafter the accused and his uncle sent the victim along with somebody in a car and left her near Vidyagiri Police Station, Dharwad. Thereafter, her brother came to Vidyagiri Police Station and took her. Subsequently, a complaint came to be filed. After registering the case, the police arrested this petitioner on 13/12/2021 and he was remanded to judicial custody. The police investigated the matter and filed charge sheet. The bail petition filed by the petitioner came to be rejected by the Sessions Court. Hence, he is before this court.