VINODACHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the Government Pleader for respondent no.1.

(2.) This is an appeal filed under Sec. 14(A) of the Schedule Castes and Schedule Tribes (Prevention Of Atrocities) Act, challenging the order dtd. 13/1/2023 passed by the Sessions Judge, Hassan rejecting the appellant's application under Sec. 439 Cr.P.C.

(3.) On earlier occasion this court rejected Crl.A.No.1517/2022 filed by the appellant. It was at the stage of FIR, and investigation was still pending. The appellant was directed to approach the Sessions Court once again with an application for bail based on the charge sheet. The appellant accordingly applied for bail and the court below rejected the application by the impugned order. The charge sheet is now filed for the offences under Sec. 323 , 448 , 354(B) IPC and Sec. 8 and 12 of Protection Of Children from Sexual Offences Act ('POCSO Act' for short). In the charge sheet there are allegations against the appellant that he failed in his attempt to subject the victim girl to sexual intercourse and for this reason charge sheet appears to have been filed for the offences under Sec. 8 and 12 of POCSO Act.