GOPAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the 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.6/2022 of Shahapura Police Station pending in S.C.No.92/2022 on the file of Addtitional District and Sessions Judge-FTSC-I, Belagavi registered for the offences punishable under Ss. 344 , 366(A) , 376(2)(N) and 376(3) of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Ss. 4 , 6 read with Sec. 5(L) of the Protection of Children Against Sexual Offences Act (hereinafter referred to as the 'POCSO Act', for brevity) and Ss. 3(1)(w)(i)(ii) , 3(2)(V) of the Scheduled Caste and Scheduled Tribe )Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC/ ST Act ', for brevity).

(2.) The case of the prosecution is that, one Smt. Sujata has filed a complaint stating that her daughter victim girl aged 15 years left the house at 11:30 a.m on 13/1/2022 stating that she will go to her friend's house, but did not return. They made a search but she was not traced. Therefore, she filed complaint which came to be registered in Crime No.6/2022 for offence punishable under Sec. 363 of IPC against unknown person. During investigation, the Police traced the petitioner/accused and victim girl on 15/2/2022. Thereafter, Police filed charge sheet for the aforesaid offences. The theory put forth by the prosecution is that, petitioner/accused and the victim girl were staying in the same locality and the petitioner told the victim girl that he is loving her and wants to marry her. The victim girl told him that they belong to SC community and his parents will not agree for the marriage. He said he will convince them. It is three to four months prior to filing of the complaint he came to her house and had sexual intercourse with her. It is on 13/1/2022 he kidnapped the victim girl and went to Inchalakaranji and stayed in a village along with the victim girl for 25 days and had sexual intercourse with her on the promise of marriage. The petitioner who was in judicial custody filed Criminal Miscellaneous No.755/2022 seeking bail and the same came to be rejected by the learned III Additional District and Sessions Judge, Belagavi by order dtd. 13/6/2022. 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 the respondent No.1- State. The respondent No.2 who was present on the previous date has submitted that she has no objection for granting of bail to the petitioner.