HARINARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant-accused No.3 under Sec. 14(A) (2) of the SC/ST POA Act, to set aside the order of dismissal of the bail application filed under Sec. 439 of Cr.P.C by the Additional District and Sessions Judge, FTSC-I (POCSO) at Kolar in Spl.S.C. IPC and SC/ST No.13/2022 dtd. 23/2/2023.

(2.) Heard the arguments of learned counsel for the appellant, learned High Court Government Pleader for the respondent No.1-State. Respondent No.2 though served with notice remained absent.

(3.) The case of the prosecution is that: On the complaint made by the mother of the victim girl, a case came to be registered by the Police against the appellant and others and the charge sheet was filed. It is alleged that, the victim girl aged about 15 years came to Bengaluru in search of job and at that time accused No.1 Zareena with an assurance of getting her job took the victim girl to her house and thereafter to the house of this appellant who is accused No.3. This appellant-Accused No.3 sexually assaulted the victim girl by touching her body inappropriately and also compelled her for prostitution. When she refused for the same, accused No.3 sent her back with accused No.1 as he has fixed Rs.15,000.00 for her. Then accused No.1 took the victim girl to her house where her son accused No.2 sexually assaulted her and also compelled her for brothel by bringing the customers.