LAWS(KAR)-2023-9-46

MANJUNATHA Vs. STATE OF KARNATAKA

Decided On September 08, 2023
MANJUNATHA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The appellant/accused has filed this appeal praying to set aside the order dtd. 30/11/2022 passed in Crl.Misc No. 719/2022 by the Addl. Sessions Judge Fast Track Special Court - 1 (POCSO) at Chikkaballapura, whereunder the bail petition of the appellant/accused sought in respect of Crime No.131/2022 of Peresandra police station for the offences punishable under Sec. 363, 376(3) of IPC, 4 and 6 of Protection of Children from Sexual Offences Act 2012 and 3(1)(w),3(2)(v) of The Schedule Caste/ Schedule Tribe (Prevention of Atrocities) Act 1989 came to be rejected.

(2.) Heard the learned counsel for the appellant and learned HCGP and respondent No.1 State. Respondent No.2 complainant in-spite of service of notice remained absent.

(3.) It is the case of the prosecution that the victim girl was found missing during early hours on 16/6/2022. The family members searched for her and thereafter filed complaint and the case came to be registered for the offence punishable under Sec. 363 of IPC against unknown person. Later on 20/6/2022 the victim girl was traced in Ommanadahalli in Krishnagiri District in the company of appellant/accused and therefore, both were brought to police station. The victim girl, in her statement, narrated that he came in contact with accused through Instagram and accused told her that he will marry her and the victim girl went along with accused and stayed in a shed where the appellant/accused had sexual intercourse with her. After investigation, charge sheet came to be filed against appellant/accused for the aforesaid offences. The accused, who was in judicial custody, has filed bail petition which came to be rejected by the impugned order which is challenged in this appeal.