ALLAUDDIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .' for brevity) for granting regular bail in Crime No.24/2022 registered by the Kasabapeth Police Station for the offence punishable under Ss. 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 and Ss. 363 and 376 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ' for brevity).

(2.) Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for respondent No.1/State.

(3.) The case of the prosecution is that, one Mohamad Idrus filed a complaint before the police on 12/3/202 alleging that his minor daughter aged about 14 years was studying in Madrasa school. Either himself or his son used to drop and pickup his daughter from the school. That on 8/3/2022 at 7:30 am, as usual, she went to the school and his son had dropped the victim girl. But she did not return at 11:00 am. Hence, they went near the school and enquired she was not found and again they came back to the house and searched. The victim was not found and on enquiring in the Madrasa school, they told that the victim girl left at 10:30 am. Thereafter, they went and searched in their relatives house and also at others house but could not find her. Thereafter, on 12/3/2022 at about 10:00 am when whey were searching the victim, near Hubballi at Gabbur circle, a person came and dropped his daughter on Dio motorcycle and went away. On enquiring with her daughter, she informed that the accused/petitioner took her to some jatra and she used to meet him every Tuesday. Accordingly, on 8/3/2022, he took her to Hulagur Darga Jatra and thereafter, he told, time is already over and there is no bus available and she has accompanied the accused to a hotel room where the accused committed sexual assault on her. Thereafter, in the guise of taking her to Hubballi, again he took her to Haveri. There also he committed rape on her on 10/3/2022 and thereafter he brought her back and left her near Gabbur circle. After knowing the incident from the victim, father of the victim filed a complaint to the police. The police after registering the case, arrested the petitioner on 13/3/2022. His bail petition came to be rejected by the learned Sessions Judge. Hence, he is before this Court.