VARUN RAJ S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 in Spl.C.C.No.587/2023 pending on the file of Addl. District and Sessions Judge at Bengaluru Rural (FTSC-III), arising out of Crime No.113/2023 registered by Hebbagodi Police Station, Bengaluru District, for the offences punishable under Ss. 366A, 344, 376(2)(I), 376(2)(n) of Indian Penal Code (for short hereinafter referred to as 'IPC') and Ss. 4(1)(5(L), 6 of Protection of Children from Sexual Offences Act, 2012 (for short hereinafter referred to as 'POCSO') and under Sec.9 of Child Marriage Prohibition Act is before this Court under Sec. 439 of Cr.P.C. seeking regular bail.

(2.) Heard the learned Counsel for the petitioner and learned High Court Government Pleader for respondent-State. Respondent No.2-defacto complainant who is served in the matter has remained absent.

(3.) On the basis of the complaint dtd. 8/3/2023 lodged by the 2ndrespondent who is the mother of the victim girl, FIR in Crime No.113/2023 was registered by the Hebbagodi police station, Bengaluru District, initially for the offence punishable under Sec. 363 of IPC against the petitioner herein. In the complaint, it is averred that on 6/3/2023 at about 8.00 am, the complainant had gone out from the house for work and her minor daughter-victim girl who had not gone to the school was in her house. At about 2.00 pm, the victim girl had gone out of the house to purchase milk. But thereafter, she had not returned home. Efforts made by the complainant and her family members to trace the victim girl went in vain. The complainant suspected the hand of the petitioner in the case. Therefore, she had approached the police and lodged the complaint which had resulted in registering FIR in Cr.No.113/2023 by Hebbagodi police station against the petitioner. During the course of investigation in the said case, the petitioner and the victim girl were traced on 22/3/2023 and they were brought back to the village. The petitioner was produced before the jurisdictional court and remanded to judicial custody. The victim girl was subjected to medical examination and her statement was recorded under Sec. 164 of Cr.P.C., before the learned jurisdictional Magistrate. Investigation is completed and charge sheet has been filed. The petitioner's bail application filed before the Court of Addl. District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru in Crl.Misc.1673/2023 was rejected on 1/9/2023. It is under these circumstances, the petitioner is before this Court seeking regular bail.