RAMU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused No.1 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.30 of 2021 of Yadgir Women Police Station, pending in Special Case No.39 of 2021 on the file of learned Sessions Judge, Yadgir, registered for the offences punishable under Sec. 376(3) and 509 of the Indian Penal Code (for short ' IPC ') and under Sec. 4 of the Protection of Children from Sexual Offences Act (for short 'the POCSO Act'), on the basis of the first information lodged by informant Simran.

(2.) Heard Sri.Rajesh Doddamani, learned Counsel for the petitioner and Sri.Shivkumar Tengli, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

(3.) Learned counsel for the petitioner submitted that the petitioner is a young boy aged 19 years. He has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. The informant is said to be aged 14 years. It is alleged that the petitioner committed sexual assault on her on 16/4/2021 at 12.00 mid night and again on 18/4/2021 at the same time. But the first information came to be lodged on 23/4/2021. There is inordinate delay in lodging the first information which is not properly explained. Learned counsel further submitted that even before filing of first information, on 1/1/2020 at about 12.00 in the mid night, the informant was found talking with the petitioner through video call and she was caught red handed by her mother and there was quarrel between her mother and grand mother which led the mother of the victim to leave the house and stay away separately with her two daughters. Therefore, it is a case where the petitioner and the victim were knowing and they were said to be loving each other. The investigation is completed and the charge sheet is filed. There are no reasonable grounds to detain the petitioner in custody. He is not having any criminal antecedents. He 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.