PRAVEEN BHIMRAO AVUBAYAGOL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the sole accused under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Hukkeri Police Station Crime No. 93/2021 registered for the offences punishable under Sec. 376(1) of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Ss. 4, 6 and 8 of Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as the 'POCSO Act' for brevity) and the case is pending in Special Case No. 46/2022 on the file of III Additional District and Sessions Judge FTSC-I, Belagavi.

(2.) The brief case of the prosecution is that one Sanju has filed complainant stating that his younger sister-victim girl aged 17 years 5 months had been to Belavi village at 4.00 p.m. on 21/7/2021 but did not returned even after 6.00 p.m. and he informed the same to his mother over phone and verified with friends and relatives and could not find her and he thought that she might have been kidnapped by someone and therefore he filed complaint on 23/7/2021 against unknown person which came to be registered in Crime No. 93/2021 for the offence punishable under Sec. 363 of IPC. The victim girl and the accused appeared before the Police on 13/8/2021. The Police recorded the statement of the victim girl and referred her for medical examination. The accused was arrested and produced before the Trial Court on 15/8/2021 but since the Police had failed to comply the guidelines of Apex Court in Arnesh Kumar's case the accused released forthwith. The victim girl has stated in her statement that on 22/7/2021 she voluntarily left with the accused for getting marriage with him and they reached Dharwad and then went to Bengaluru and resided at the house of brother of accused. Based on said statement of the victim girl, the Police filed requisition to include offence punishable under Sec. 376(1) of IPC and Ss. 4, 6 and 8 of POCSO Act. The Police after the investigation filed charge sheet for the aforesaid offences. The Trial Court has issued NBW and therefore the petitioner/accused apprehending his arrest has filed Criminal Miscellaneous No. 522/2022 under Sec. 438 of Cr.P.C. seeking anticipatory bail and the same came to be rejected by the learned Additional District and Sessions Judge FTSC-I, Belagavi by order dtd. 29/6/2022. Therefore, the petitioner is before this Court seeking anticipatory bail.

(3.) Heard the arguments of learned counsel appearing for the petitioner and learned High Court Government Pleader for the respondent-State.