MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 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.70/2022 of Munirabad Police Station pending in Spl.SC.POCSO No.23/2022 on the file of the Court of the Additional District and Sessions Judge, FTSC-1 at Koppal registered for the offences punishable under Ss. 363, 366(A), 342, 376(2)(i) 366, 114 read with Sec. 34 of The Indian Penal Code

(2.) The case of the prosecution is that, one Smt.Ningamma Sheludi has approached the Police along with her daughter victim girl on 17/3/2022 at about 11:00 a.m. and filed a computerized complaint stating that on 13/3/2022 her daughter failed to return to home. Therefore, they searched for her everywhere including the houses of her relatives but did not trace her. It is further stated that they came to know that the petitioner on 13/3/2022 took the victim girl from the village to Bangalore saying that he will marry her with the monetary assistance of accused No.2 Anjinappa Kavalur and they stayed at Kanakapura in a shed. On 16/3/2022 the victim girl returned to home and revealed what had happened, to her mother. Thereafter, the complainant i.e., the mother of the victim girl along with victim girl went to the Police Station and lodged a complaint. The Police registered the said complaint in Crime No.70/2022 for the offences punishable under Ss. 363, 366(A), 376 of IPC and Sec. 6 of POCSO Act. The petitioner came to be arrested on 17/3/2022 and he is in judicial custody. After investigation the charge sheet has been filed against the petitioner arraying him as accused No.1 and arrayed the Anjinappa Kavalur as accused No.2 for the offences punishable under Ss. 363, 366(A) , 342, 376(2)(i), 366, 114 read with Sec. 34 of IPC and Ss. 6 and 17 of POCSO Act. The said case came to be registered against this petitioner/accused No.1 and another in Spl. SC POCSO No.23/2022 pending on the file of the Additional District and Sessions Judge, FTSC-1, Koppal. The petitioner/accused No.1 filed bail application in Spl.SC POCSO No.23/2022 and the same came to be rejected by the learned Additional District and Sessions Judge, FTSC-1, Koppal by order dtd. 22/6/2022. Therefore, the petitioner/accused No.1 is before this Court seeking bail.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.1, learned High Court Government Pleader for the respondent- State and counsel appearing for respondent No.2.