AJEET Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 439 of Cr.P.C., seeking bail in Crime No.14/2022 of Khanapur police station registered for the offences punishable under Ss. 376 , 506 of IPC and Ss. 4 and 6 of POCSO Act.

(2.) The case of the prosecution is that, the victim-girl has filed complaint stating that she is aged 13 years, her paternal aunt Laxmi is married to the petitioner/accused and she went to their house to look after their child and was staying in their house and looking after child. It is further stated that, on 19/12/2021 when the Laxmi had gone outside, the petitioner committed forcible sexual intercourse on her and again on 26/12/2021 he committed forcible sexual intercourse and threatened her not to inform the same to anyone. On 28/12/2021, she returned to her native place Sampagaon and she was mentally upset with the incident and therefore, she was not talking to anyone and when her mother questioned, she revealed the incident. The said complaint came to be registered in Crime No.14/2022 for the offence punishable under Ss. 376 and 506 of IPC and Ss. 4 & 6 of POCSO Act.

(3.) The petitioner came to be arrested on 27/1/2022 and he is in judicial custody. The police after investigation filed charge-sheet for the aforesaid offences and the case is pending in a Special Case No.73/2022 on the file of the Additional District and Sessions Judge, FTSC-I, Belagavi. The petitioner filed Criminal Miscellaneous No.139/2022 seeking bail and the same came to be rejected by III Additional District and Sessions Judge, Belagavi, by order dtd. 22/3/2022. Therefore, the petitioner is before this Court seeking bail.