ASPAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Spl.S.C. No.35/2022 pending on the file of the learned II Additional District and Sessions and Special Judge, Dharwad, registered for the offences punishab le under Ss. 363 , 376 and 506 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Ss. 5 and 6 of the Protection of Children from Sexual Offences Act, 2012(hereinafter referred to as 'POCSO Act', for brevity) (Crime No.45/2022 of Annigeri Police Station).

(2.) The case of the prosecution is that, the victim girl is aged 16 years and the petitioner used to behave closely with the victim g irl when she was going to school and returning home. The accused had promised the victim girl to love him and he was ready to marry her. The accused has kidnapped the minor victim girl on 12/11/2021 at about 7:00pm from Annigeri on motorcycle and took her to land of CW-11 near Annigeri-Adnur road. The accused has committed forcible sexual intercourse on her. The victim became pregnant due to the act of the accused. Charge-sheet has been filed against the petitioner for the aforesaid offences. The petitioner has been arrested on 16/3/2022 and he is in judicial custody. The petitioner filed bail application in Spl.S.C. No.35/2022 and the same came to be rejected by the learned II Additional District and Sessions and Spl. Judge, Dharwad, by order dtd. 27/7/2022. 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 P leader for resp ondent No.1-State. Respondent No.2 is present physically and submitted that she has no objection for grant of bail to the petitioner.