VIJAYAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C., by the sole accused seeking bail in Crime No.67/2022 of Yelburga police station for the offences punishable under Ss. 363 , 376 , 342 of IPC and Sec. 6 of POCSO Act, 2012, pending in Spl. S.C.POCSO No.38/2022 on the file of the Additional District and Sessions Judge, FTSC-1, Koppal.

(2.) The case of the prosecution is that, the mother of the victim-girl has filed complaint, stating that on 18/4/2022 at about 10.30 p.m, she and her daughter aged about 16 years, who is studying in SSLC slept in the hall of their house and at about 4.00 a.m., when she got up, she found the door of the house was open and her daughter was not there. They searched for their daughter and did not found her. Suspecting that, this petitioner/accused who was roaming near their house, might have kidnapped her, filed complaint and the same came to be rejected in Yelburga police station Crime No.67/2022 for the offences punishable under Sec. 363 of IPC. The victim-girl went to the Office of the Superintendent of Police, Koppal and thereafter police station at Yalburga and recorded her statement. The petitioner came to be arrested on 24/5/2022 and he is in judicial custody. The police after the investigation filed charge-sheet against this petitioner for the offences punishable under Ss. 363 , 376 and 342 of IPC and Sec. 6 of POCSO Act. The petitioner filed bail application in Special S.C.POCSO No.38/2022 and the same came to be rejected by the Additional District and Sessions Judge, FTSC-1, Koppal. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondent- State.