KAVALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner - accused under Sec. 439 of Cr.P.C for grant of regular bail in Cr.No.4/2022 of Y.N. Hosakote, Police Station, in Spl.S.C.No.113/2022 pending on the file of the Additional District and Sessions Judge, FTSC-1, Tumakuru, for the offences punishable under Ss. 12 and 8 of Protection of Children from Sexual Offences Act, 2012, (for short 'POCSO Act') and Ss. 511, 504 and 376 of IPC.

(2.) Heard the learned counsel for the petitioner and the learned HCGP for respondent no.1-State. Respondent no.2 was served, but unrepresented.

(3.) The case of the prosecution is that on the complaint of respondent no.2 herein mother of the victim girl lodged a complaint to the police on 14/1/2022 alleging that she went to her parents house for delivery of second child and victim girl was her first child aged about 05 years. On 13/1/2022, the victim girl was playing outside their house. After some time, she came out of the house and found her daughter was not there; she went in search of her daughter near the house of the petitioner and called her daughter. At that time, the petitioner came out of his house and on enquiry he stated that her daughter was not in the house. But her daughter came from inside of the house of the petitioner by crying and her pant was removed. On enquiry, her daughter stated that the petitioner assured her that he would give one lamb (baby sheep) to play. On that guise, he attempted to commit rape by removing the pant and scratching her chest and touched the vagina. Thereafter complainant informed same to her husband and elders. A complaint came to be lodged on 14/1/2022 against the accused. The police arrested him on 15/1/2022 and remanded to judicial custody. Accused moved bail application before the Addl. District and Sessions Judge,(FTSC-1) Tumakuru, which came to be dismissed on 26/4/2022. Hence, the petitioner is before this Court.