HUSSAIN Vs. STATE

JUDGEMENT

(1.) The petitioner-accused is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.80/2021 of Yadgiri Women Police Station, Yadgiri, pending in Special Case No.16/2022 on the file of Sessions Court, Yadgiri, for the offences punishable under Ss. 509 , 506 , 376(2)(n) , 376(3) of the Indian Penal Code (for short ' IPC ') and Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, on the basis of the first information lodged by informant-Shakeela.

(2.) Heard Sri Ganesh Naik, learned counsel for the petitioner and Sri Gururaj V. Hasilkar, learned High Court Government Pleader for respondent No.1-State and Sri Sandeep Vijaykumar, learned counsel for respondent No.2. Perused the materials on record.

(3.) Learned counsel for the petitioner submitted that the petitioner is innocent and law abiding citizen. He has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 18/12/2021 and since then he is in judicial custody. The investigation has been completed and the charge sheet is also filed. Victim is aged more than 16 years and she was in love with the accused. The victim and the accused belong to the same community and village. A false complaint was filed under wrong notion. Now the parties have settled the dispute and the victim is willing to marry the accused after attaining majority. He further submitted that since the investigation is completed, detention of the petitioner in custody would amount to pre-trial punishment. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.