DURAGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the accused under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for short) for granting bail in respect of Crime No.9/2022 registered by Camp Police, Belagavi charge sheeted for the offence punishable under Ss. 366A, 376, 342 of the Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ', for short) and under Ss. 4 & 6 of Protection Of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for short).

(2.) Heard the arguments of the learned counsel for petitioner and learned High Court Government Pleader for respondent.

(3.) The case of the prosecution is that the mother of the victim viz., Nirmala Sundal filed a complaint on 29/1/2022 that her daughter aged about 16 years found missing from the home from 28/1/2022. Hence, the police registered a missing complaint under Sec. 363 of IPC suspecting the accused might have abducted the victim. Subsequently, during the investigation, on 30/1/2022 the police apprehended the victim along with accused in the railway station. Both of them subjected to medical examination. The accused was arrested on 30/1/2022 and remanded to judicial custody and the victim was taken to the Court to record the statement under Sec. 164 of Cr.P.C. After completion of investigation, the police filed charge sheet. The bail petition filed by this petitioner came to be rejected by the Sessions Court. Hence, he is before this Court.