LAKSHMINARASIMHA MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Sec. 439 of Cr.P.C. for granting regular bail in Crime No. 55/2022 registered by Tumkuru Women Police Station, Tumkuru District, for the offences punishable under Ss. 376 and 506 of IPC and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012('POCSO Act' for short).

(2.) Heard the arguments of the learned Senior Counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State. The respondent No. 2 is also represented by the learned High Court Government Pleader.

(3.) The case of the prosecution is that respondent No. 2 Hanumantharayappa, filed a complaint with the police on 5/5/2022, alleging that his niece victim girl aged about 15 years is residing with him in his house where his father is also residing. The parents of the victim girl died about eight years back and she is studying in IX standard. About 15 days prior to the filing of the complaint, he had been to his wife's native place and when he came back, the victim was not found in the house. On enquiry, he came to know that she was in the grandmother's house. Thereafter, he went there and questioned and at that time, she revealed that about 15 days back, the accused came inside the house when it was raining and he closed her mouth and committed rape on her when she was alone in the house. Thereafter, after one week, again he came to the house at 10.00 a.m. and gave keypad Carbon mobile phone and he stated he will come back with SIM card. Thereafter, once again he came on 2/5/2022, and took her to Kyatasandra. Thereafter, he is said to have committed sexual assault on her once again and therefore she left the village and went to grandmother's house. After coming to know about the incident through the victim girl, the complainant filed the complaint with the police. During the investigation, the police arrested the petitioner and he was remanded to judicial custody. His bail petition came to be rejected and hence he is before this Court.