MARUTI SHIVAPPA PATIL Vs. STATE OF KARNATKA

JUDGEMENT

(1.) Criminal Petition No.102517/2022 is filed by accused No.3 under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) and Criminal Petition No.102518/2022 is filed by accused No.1 under Sec. 439 of Cr.P.C. Both the petitions are filed in respect of Crime No.91/2022 of Raibag Police Station for the offences punishable under Ss. 366A , 341 , 342 , 376(2)(n) , 506 and 212 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity) and Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012(hereinafter referred to as the 'POCSO Act', for brevity).

(2.) The case of the prosecution is that, one Laxman Maaruti Gongade has filed complaint stating that he is shepherd by profession. That on 10/4/2022 at about 6:00pm, when he, his mother, and his sister were sitting in their house, at that time, his sister-victim girl aged 13 years 10 months had gone outside the house and she did not return to the house and therefore, they searched for her and did not trace her. It is also stated that their neighbour accused No.1-Mahantesh was also not in the house. The said complaint came to be registered in Crime No.91/2022 for an offence under Sec. 363 of IPC against accused No.1. The police after completing investigation, filed charge sheet against accused Nos.1 to 3 for the aforesaid offences. Accused No.1 came to be arrested on 18/4/2022 and he is in judicial custody. Accused No.1 filed Crl.Misc.No.1029/2022 seeking bail and the same came to be rejected by the learned Additional District and Sessions Judge and FTSC-1, Belagavi, by order dtd. 17/8/2022. Therefore, accused No.1 is before this Court.

(3.) Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader for respondent No.1- State. In spite of service of notice, respondent No.2/complainat remained absent and unrepresented.