AYAZ PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioner-accused No.1 under Sec. 439 of Cr.P.C. for granting regular bail in Crime No.64/2021 registered by Tumakuru Women Police Station, for the offences punishable under Ss. 363 , 343 , 376 and 506 read with Sec. 34 of IPC and Ss. 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short).

(2.) Heard the arguments of the learned counsel for the petitioner-accused No.1 and learned HCGP for respondent/State. Respondent No.2 served and unrepresented.

(3.) The case of the prosecution is that on the missing complaint of respondent No.2 herein, the mother of the victim, registered a complaint on 11/7/2021 alleging that her minor daughter, aged about 13 years on 9/7/2021 at 06.10 p.m had gone to Bakery and thereby she did not returned to the house. Thereafter, the mother of the victim girl enquired with the relatives and they too had shown their ignorance. Therefore, she filed a missing complaint in the Tumkuru Women Police Station. During the investigation, the Police have rescued the victim girl in the house of accused No.2 on 21/7/2021 and subsequently, this petitioner was arrested and remanded him in judicial custody. The investigation is completed and charge sheet has been filed. The petitioner approached the Sessions Judge for bail, which came to be rejected. Hence, petitioner is before this Court.