NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/accused No.1 under Sec. 439 of Cr.P.C., seeking for grant of bail in Crime No.46/2021 registered by Dharwad Women Police Station for the offences punishable under Ss. 305 , 354(A) and 376(A) of the Indian Penal Code (for short ' IPC ') and Ss. 6 and 12 of Protection Of Children From Sexual Offences Act, 2012 (for short 'POCSO Act').

(2.) Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1-State. Notice issued to respondent No.2 is served and he has remained unrepresented.

(3.) The case of the prosecution is that on the complaint of one Tippanna S/o. Bhimappa Hugar who is the father of the deceased (victim girl aged about 16 years) filed complaint before the Police on 28/7/2021, alleging that his daughter suffering from stomach pain and struggling, immediately she took to the hospital in ambulance, where she was declared as dead due to consuming poison and also she was pregnant. Hence a complaint was registered against the unknown persons. Subsequently, he has given further statement that the petitioner always used to torturing his daughter on the road while going to the college and coming back and therefore he suspected him. After the arrest of the petitioner, the Police recorded his voluntary statement, where he has confessed that he had continuously intercourse with the victim minor girl. Subsequently, he remanded to judicial custody. His bail petition become rejected and hence he is before this Court for seeking bail.