PARASHURAMA GOWDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.64/2022 of Gowribidanur Town Police Station, pending in Spl.C.No.140/2022 on the file of the learned Additional District and Sessions Judge, FTSC-I Court, Chikkaballapur, registered for the offences punishable under Sec. 9 of the Child Marriage Restraint Act, Sec. 6 of POCSO Act and Ss. 366, 376(2)(n) of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant-Mr.Srishyla.

(2.) Heard Sri.Raghavendra.P.H, learned counsel for the petitioner and Sri. Krishna Kumar K.K, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

(3.) Learned counsel for the petitioner submitted that the petitioner is the sole accused. He is aged about 24 years. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 2/9/2022 and since then he is in judicial custody. The investigation has been completed and the charge sheet is also filed. Learned counsel for the petitioner further submits that the victim is already a major, aged more than 18 years. She has not undergone medical examination. Even her statement was recorded under Sec. 164 of Cr.P.C. In view of the same, the petitioner is entitled to be enlarged on bail. Detention of the petitioner in custody would amount to pre-trial punishment. He is not having any criminal antecedents. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court