HEERTHIKSING Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant/accused under Sec. 14(A)(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC & ST (POA) Act') for setting aside the order of dismissing the bail petition in Spl. SC/ST No.5/2022 dtd. 10/2/2022 on the file of II Additional District and Sessions and Special Judge, Dharwad in respect of Crime No.199/2021 registered by the Vidyagiri Police Station for the offences punishable under Ss. 363, 354, 376 of Indian Penal Code (for short ' IPC ') Sec. 4 and 6 of Protection of Children from Sexual Offences Act (for short 'POCSO') and Sec. 3(2)(v) of the SC & ST (POA) Act.

(2.) Heard the arguments of the learned counsel for the appellant, learned High Court Government Pleader for respondent No.1 and the learned counsel appearing for respondent No.2. The respondent No.3 served and appeared and submits that she is engaging the service of learned High Court Government Pleader.

(3.) The case of the prosecution is that on the complaint filed by the father of the victim girl by name Kishan before the Police on 25/11/2021 alleging that his minor daughter aged about 13 years is found missing from home on 24/11/2021. Subsequently, on 28/11/2021 the Police said to have apprehended the victim and the accused and both were subject to the medical examination and subsequently the appellant was remanded to judicial custody. The appellant approached before the Session Court for grant of bail, which came to be rejected. Hence, the appellant is before this Court.