SHARAD 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.22/2022 Nippani Town Police Station registered for the offences punishable under Ss. 366(A) , 376 , 109 read with Sec. 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Ss. 4 , 6 and 17 of Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as the 'POCSO Act' for brevity) pending in Special Case No.149/2022 on the file of learned Additional District and Sessions Judge FTSC-1, Belagavi.

(2.) The case of the prosecution is that the father of the victim girl has filed the complaint stating that her daughter-victim girl aged 17 years studying in I s t PUC left the house on 6/3/2022 at 6.00 p.m. and did not return, they searched for her but she was not traced. The said complaint came to be filed in Crime No.22/2022 of Nippani Town Police Station for the offence punishable under Sec. 363 of IPC against unknown person. The Police during the investigation secured the victim girl on 23/4/2022 and recorded her statement wherein, the victim girl stated the name of the petitioner/accused No.1 and they started loving each other since last two years and about six months ago the petitioner has committed sexual intercourse with her on the promise of marriage. She further stated that on 6/3/2022 accused No.1 kidnapped her on his motorcycle promising to marry her and took her to Khanapur and kept her in the house of one Vijay (accused No.3) and she stayed there for one month and other accused persons have abetted the offence. It is further stated that due to the act of this petitioner/accused No.1 she became pregnant. The Police arrested the petitioner on 24/4/2022 and he is in judicial custody. The Police after the investigation has filed the charge sheet against this petitioner and others for the offences punishable under Ss. 366(A) , 376 , 109 read with Sec. 34 of IPC and Ss. 4, 6 and 17 of POCSO Act and the case is pending in Spl. Case No.149/2022 pending on the file of learned Additional District and Sessions Judge FTSC-I, Belagavi. The petitioner has filed Criminal Miscellaneous No.1368/2022 seeking bail and the same came to be rejected by learned Additional District and Sessions Judge FTSC-I, Belagavi by order dtd. 11/10/2022. Therefore, the petitioner/accused No.1 is before this Court seeking bail.

(3.) Heard the arguments of learned counsel appearing for petitioner and learned High Court Government Pleader for respondent No.1-State. Inspite of service of notice, respondent No.2- complainant did not appear before this Court in- person or through counsel.