NEMINATH 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.66/2022 of Raibag Police Station registered for the offences punishable under Ss. 363 , 376(2)(i) of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity), Ss. 4 and 6 of Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as the 'POCSO Act' for brevity).

(2.) The case of the prosecution is that one Sachin Koli has filed the complaint stating that he has three children including the victim girl aged 16 years studying in 10 t h standard in Government High School, Raibag. It is further stated that on 8/3/2022 at about 7.30 a.m. victim girl left the house to go to school and did not return to the house till 6.00 p.m. The complainant and his wife searched for her and she was not traced. Therefore, the complaint came to be filed on missing of the victim girl on 9/3/2022 and it is registered in Crime No.66/2022 of Raibag Police Station for the offence punishable under Sec. 363 of IPC against unknown person. During the investigation, the victim girl appeared before Raibag Police Station on 12/3/2022 and gave her statement. During the course of investigation, the Police arrested the petitioner on 14/3/2022 and he is in judicial custody. The Investigating Officer filed the charge sheet against the petitioner for the offences punishable under Ss. 363 , 376(2)(i) of IPC and Ss. 4 and 6 of POCSO Act. The petitioner filed Criminal Miscellaneous No.858/2022 seeking bail and the same came to be rejected by the Additional District and Sessions Judge FTSC-I, Belagavi by order dtd. 4/8/2022. Therefore, the petitioner/accused is before this Court seeking bail.

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