SHARANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by 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.72/2022 of Bevoor Police Station for the offences punishable under Ss. 363 , 376 , 344 and 109 read with Sec. 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Ss. 6 and 17 of the Protection of Children from Sexual offences Act, 2012(hereinafter referred to as 'POCSO Act', for brevity).

(2.) The case of the prosecution is that, the mother of the victim girl has filed the complaint stating that she is having two daughters and her elder daughter Smt. Netravati @ Renuka is given in marriage to the petitioner/accused No.1 about 3 years ago and they are having one baby boy and her second daughter-victim is aged about 17 years and she has studied up to 10 t h standard and thereafter, she stopped her studies. It is further stated that this petitioner/accused No.1 was close with the victim girl since one year prior to the incident and the complainant had warned this petitioner/accused No.1 and asked him not to come to the house. It is further stated that on 1/6/2022 at about 12:00pm, the victim had gone to answer nature call and she did not return even after 1:00pm and when they were searching for the victim girl, at that time, one Bhimraj Kolli told them that this petitioner/accused No.1 had secured the victim girl by making a phone call and they went on motorcycle towards Koppal and thereafter they searched for her but she was not traced. She filed a complaint and the same came to be registered in Bevoor Police Station Crime No.72/2022 for an offence under Sec. 363 of IPC against this petitioner/accused No.1. The police during investigation secured this petitioner and the victim girl on 30/6/2022 and recorded the statement of the victim girl and the petitioner was remanded to judicial custody on 1/7/2022. The police after investigation filed charge sheet against this petitioner and another for offences punishable under Ss. 363 , 376 , 344 and 109 read with Sec. 34 of IPC and Ss. 6 and 17 of POCSO Act. The petitioner filed bail application and the same came to be rejected the learned Additional District and Sessions Judge, FTSC-1, Koppal by order dtd. 4/8/2022. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for respondent No.1- State. Respondent No.2 had physically appeared before this Court on the previous date of hearing and submitted that she had no objection for grant of bail.