BYJITH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C., seeking regular bail of the petitioner/accused No.2 in Crime No.337/2021 (Spl.C.No.152/2022) of Parappana Agrahara Police Station, Bengaluru City, for the offences punishable under Ss. 4 & 6 of POCSO Act and Ss. 366A, 376, 506 read with 34 of IPC .

(2.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

(3.) The factual matrix of the case of the prosecution is that on 9/11/2021, accused No.1 in his two wheeler took C.W.4 and provided Pizza and after taking the Pizza, accused No.1 took C.W.4 instead of taking her to the house, he took her to the lonely place and not allowed C.W.4 to speak with anybody else and threatened her. At that time, accused No.2 came with a knife and assaulted with hands. When she was praying to leave her, accused No.1 assaulted with stick on C.W.4 and removed her clothes. In spite of she resisted, subjected her for sexual act. Thereafter, accused No.2 i.e., the petitioner herein also in spite of resistance by the victim - C.W.4, committed the sexual act. Both of them have shared the common intention and committed an offence and threatened the victim not to disclose the same to her parents.