DHARSHAN Vs. STATE

JUDGEMENT

(1.) The petitioner-accused No.1 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.52/2022 of Tumakuru Police Station, pending in Special Case No.149/2022 on the file of Additional District and Sessions Judge, FTSC-I, Tumakuru, registered for the offences punishable under Ss. 366A, 201, 376, 363 of the Indian Penal Code (for short 'IPC') and Ss. 6, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), on the basis of the first information lodged by the informant- Lavanya B.G.

(2.) Heard Sri. Madhukar Nadig, learned Counsel for the petitioner and Sri. K.Rahul Rai, 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 arrayed as accused No.1. 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 23/3/2022 and since then he is in judicial custody. It is alleged that he committed sexual assault on the victim, who is aged more than 17 years. There was love affair between the two. However, she has filed the complaint. After investigation, the charge sheet is also filed. He is not required for custodial interrogation. Detention of the petitioner in custody would amount to pre-trial punishment. He 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. Hence, he prays to allow the petition.