BANDENAWAZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused has filed this appeal challenging the order dtd. 15/7/2022 passed on the bail application filed by him in Jamkhandi Rural Police Station Crime No.84/2022 for the offences punishable under Ss. 363, 366, 376, 376(2)(n) of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity), Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO' Act, for brevity) and Ss. 3(1)(s), 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC & ST (POA) Act', for brevity), came to be rejected.

(2.) Heard learned counsel appearing for the appellant and learned High Court Government Pleader for respondent No.1/State. Inspite of service of notice respondent No.2-complainant has not appeared either in person or through counsel.

(3.) The case of the prosecution is that, the appellant/accused had kidnapped the victim girl on 21/6/2022 at about 11.00 a.m. by inducing her that he is loving her. Therefore, respondent No.2-complainant and others had been to the house of appellant/accused for enquiring him, at that time the relatives of the appellant told that he has gone outside for which respondent No.2 requested to the relatives of the appellant to call him back. Thereafter, respondent No.2 came to know that the appellant along with the victim girl returned to the house and therefore immediately respondent No.2 and others went to the house of the appellant/accused and enquired about the incident. At that time, the appellant abused respondent No.2 taking the name of his caste and humiliated him in public place. The said complaint came to be registered in Crime No.84/2022 of Jamkhandi Rural Police Station for the offences punishable under Ss. 363, 504 of IPC and Ss. 3(1)(s), 3(2) (v-a) of SC & ST(POA) Act. Thereafter, this appellant/accused came to be arrested on 28/6/2022. During the investigation, Investigating Officer has recorded the statement of the victim girl and filed requisition to include offences punishable under Ss. 366, 376, 376(2)(n) of IPC, Ss. 4 and 6 of POCSO Act and Ss. 3(2)(v) of SC & ST(POA) Act. The appellant/accused filed bail application and the same came to be rejected by the learned II Additional District and Sessions Judge, Bagalkote by an order dtd. 15/7/2022. The appellant/accused has challenged the said order in the present appeal.