SHA RANAPPA 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.38/2022 of Bevoor Police Station, Yelburga Circle, registered for the offences punishable under Ss. 363 and 376(2)(i) of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012( hereinafter referred to as the 'POCSO Act', for brevity) pending in Spl.S.C. POCSO No.30/2022 on the file of the learned Additional District and Sessions Judge, FTSC-I, Koppal.

(2.) The case of the prosecution that, one Smt.Hampamma-respondent No.2 has filed a complaint stating that she is a permanent resident of Choudapur village and her elder daughter/victim girl is studying in 9 t h standard. That on 24/3/2022, she directed her daughter to go to the field for harvesting the ground nuts. However, when she went there, her daughter was not found in the field. Same was informed to her husband and others and in spite of searching, the victim was not traced and therefore, she filed a complaint on 25/3/2022 which came to be registered in Crime No.38/2022 against this petitioner for an offence under Sec. 363 of IPC suspecting that the petitioner might have kidnapped her, as he was not found in the village. Subsequently, the Investigating Officer after completing the investigation has filed charge sheet against the petitioner for the offences punishable under Sec. 363 and 376(2)(i) of IPC and Sec. 6 of POCSO Act. The petitioner came to be arrested on 27/3/2022 and remanded to judicial custody. The petitioner filed bail application in Spl.SC POCSO No.30/2022 which came to be rejected by the learned Additional District and Sessions Judge, FTSC-I, Koppal by order dtd. 28/6/2022. 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. Respondent No.2 in spite of service of notice has remained absent and unrepresented.