MADHU 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.32/2022 of Vijayapura Police Station, pending in Spl.C.No.359/2022 on the file of learned Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru registered for the offences punishable under Ss. 363, 343, 376 of the Indian Penal Code (for short ' IPC ') and Ss. 4, 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO, Act) on the basis of the first information lodged by the informant Sri.Munegowda.

(2.) Heard Sri. Prasad B.S., learned Counsel for the petitioner and Sri. H.S.Shankar, learned High Court Government Pleader for the respondent No.1 -State. Perused the materials on record.

(3.) Learned Counsel for the petitioner submitted that the petitioner is the sole accused. He has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. The petitioner was apprehended on 7/4/2022 and since then, he is in judicial custody. After investigation, charge sheet is filed. The victim is now a major. Since, the investigation is already completed, detention of the petitioner in custody would amount to pre-trial punishment. Learned counsel further submitted that the statement of the victim under Sec. 164 of Cr.P.C was recorded, wherein she has not made allegation regarding commission of sexual assault by the petitioner. Sec. 4 of POCSO Act is not at all attracted to the facts of the case. He is not having any criminal antecedents. 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. Under such circumstances, petitioner is to be enlarged on bail. Hence, he prays to allow the petition.