PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C .', for brevity) seeking bail in Crime No.202/2021 (Special Case No.69/2022) of Market Police Station registered for the offences punishable under Ss. 363, 366(A) , 344, 376(2)(n), 506, 509 of The Indian Penal Code (hereinafter referred to as the 'IPC ', for brevity) and Ss. 4, 6, 8 and 12 of Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as the 'POCSO Act' for brevity) and the case is pending on the file of the Additional District and Sessions Judge FTSC-1, Belagavi.

(2.) The case of the prosecution is that the victim girl aged about 17 plus years was in love affair with the petitioner. The victim girl as her parents scolded her she left the house and she was wandered in Railway Station, Bus stand and on the complaint made by her father she was secured by the Police and subsequently she was brought before the CWC and referred her to Child Welfare Association on 26/11/2021. On 13/12/2021 she was brought before the CWC and she escaped from there and the case came to be registered on the complaint of respondent No.2 in Crime No.202/2021 of Market Police Station for the offence punishable under Sec. 363 of IPC against unknown person. Subsequently, the victim girl was traced on 3/2/2022, when she was with the petitioner. The Police after investigation have filed the charge sheet against the petitioner for the offences punishable under Ss. 363, 366(A), 376(2)(n), 344, 506 , 509 of IPC and Ss. 4, 6, 8 and 12 of POCSO Act. During the investigation the statement of the victim girl has been recorded under Sec. 164 of Cr.P.C. There is no medical examination of the victim girl, as she refused for medical examination. The petitioner who came to be arrested on 3/2/2022 is in judicial custody. The petitioner filed Criminal Miscellaneous No.503/2022 seeking bail and the same came to be rejected by the learned Additional District and Sessions Judge FTSC- 1, Belagavi by an order dtd. 26/5/2022. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the arguments of the learned counsel appearing for petitioner, the learned counsel for respondent No.3 (father of the victim girl) and the learned High Court Government Pleader for respondent Nos.1 and 2.