DATTA SHESHA GOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .' for brevity) for granting bail in Crime No.5/2022 registered by the Mallapura Police, Kadra Circle, U.K., for the offences punishable under Ss. 376 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ' for brevity) and Ss. 4 , 6 and 10 of the Protection of Children from Sexual offences Act, 2012(hereinafter referred to as 'POCSO Act', for short).

(2.) Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent No.1/State. Respondent No.2 appeared before the Court and stated no objection to release the petitioner.

(3.) The case of the prosecution is that, one Smt. Shobha Gouda, mother of the victim, filed complaint to the police on 3/3/2022 alleging that her daughter-victim girl aged 17 years was suffering from stomach ache in the early morning at 5:30 hours. Immediately she was shifted to Karwar District Hospital and was taken to the maternity ward where she delivered a child. Thereafter, when the complainant asked as to how she(victim) became pregnant, the victim stated to have informed, in June 2021 w he went to relatives house namely Sheshu Gouda where his son Datta Sheshu Gouda said to have committed rape on her stating that he is loving her and thereby she became pregnant. Thereafter, the complaint came to be filed against the petitioner for the aforesaid offences. The victim is a minor. After registering the case, the police arrested the petitioner on 4/3/2022. His bail petition came to be rejected. Hence, he is before this Court.