SANGAPPA GOWDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.192/2021 of Konanakunte Police Station, Bengaluru City, for the offences punishable under Ss. 5(m) and 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO' Act for short) and under Sec. 376 of IPC.

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

(3.) The factual matrix of the case is that, this petitioner was staying in the house of the victim girl, who is aged about 10 years and in the midnight, he subjected her for sexual act and when she screamed at the spot, the sister of the victim girl woke up and scolded this petitioner. The victim girl was subjected to medical examination on the very next day and statement under Sec. 164 of Cr.P.C. was also recorded by the Magistrate. The sister of the victim girl has also given the statement before the Magistrate under Sec. 164(5) of Cr.P.C.