DEEKSHITH Vs. STATE

JUDGEMENT

(1.) This petition is filed under Sec. 438 of Cr.P.C. praying to enlarge the petitioner/accused on bail, in the event of his arrest in respect of Crime No.139/2021 registered by Vitla Police Station, Dakshina Kannada, for the offence punishable under Ss. 376(2)(f) and 376(2)(i) of IPC and Ss. 6(1) and 5(n) of POCSO Act.

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

(3.) The factual matrix discloses that a case has been registered based on the complaint of the victim at Kasargod in Crime No.55/2021 for the offence punishable under Ss. 376(2)(f) and 376(2)(i) of IPC and Ss. 6(1) and 5(n) of the POCSO Act and the petitioner was enlarged on bail at Kasargod Court and thereafter, for want of registration, the matter was transferred and the same was renumbered as Crime No.139/2021 of Vitla Police, Dakshina Kannada. The specific allegation against the petitioner is that, he being the cousin of the victim, subjected her for sexual act in the month of March, 2020, when the victim went to attend the marriage in the night by providing intoxicated juice to her and the complaint was not given. Thereafter, after some days, the said fact was disclosed to the brother of the victim and also to her mother and ultimately, the complaint was given in the month of January, 2021, almost after lapse of ten months and thereafter, Vitla police investigated the matter and filed the charge-sheet and after transfer of the case, the petitioner has approached the Sessions Court and the Sessions Court has rejected the bail petition. Hence, the present petition is filed before this Court.