SONU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.165/2021 of Kakti Police Station registered for the offences punishable under Sec. 376A and 376B of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012(hereinafter referred to as the 'POCSO Act', for brevity) and pending in Spl.Case No.8/2022.

(2.) The case of the prosecution is that, respondent No.2 has lodged the complaint stating that, on 5/11/2021 at about 3:30pm when the victim girl was playing in the open space of Vijay Timber Depot in Kakati, the petitioner, who is working as a carpenter in the said depot, took her inside a room of the shed by inducing her and removed her clothes and had forcible sexual intercourse with her. The said complaint came to be registered in Crime No.165/2021 for the offences under Sec. 376A and 376B of IPC and Ss. 4 and 6 of POCSO Act. The Police, after investigation, filed charge sheet against the petitioner for the aforesaid offences and the case is now pending in Spl.Case No.8/2022 on the file of the learned Additional District and Sessions Judge, Belagavi, FTSC-1. The petitioner filed bail application in Crl.Misc.No.692/2022 and the same came to be rejected by order dtd. 29/6/2022 by the learned Additional District and Sessions Judge, Belagavi, FTSC-1. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for respondent No.1- State and the learned counsel for respondent No.2. Respondent No.3 in spite of service of notice, has remained absent and unrepresented.