KAREPPA APPASAB HOLKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is arraigned as accused No.3 has filed this petition under Sec. 439 of the Criminal Procedure Code (for short, ' Cr.P.C .') to release him on bail in Crime No.57/2023 for the offences punishable under Ss. 363, 376AB of the Indian Penal Code (for short, ' IPC ') and Sec. 4(2) of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act').

(2.) In support of his petition, the petitioner/accused No.3 has contended that the allegations made in the complaint are false, baseless and created to implicate the petitioner/accused No.3. There is inordinate delay in filing the complaint and delay is caused to connect the petitioner/accused No.3 with the false story foisted against him. Petitioner/accused No.3 is arrested based on the voluntary statement of accused No.2-Shailaja and the role shown to him is that he is aware of the alleged rape and threatened the victim not to reveal the same to anyone. The statement of co-accused is hit by Sec. 25 of the Indian Evidence Act. Petitioner/accused No.3 is in custody since 30/5/2023. Prima facie there are no specific allegations against the petitioner/accused No.3. He is the resident of the address given in the cause title and owning movable and immovable properties and as such there are no chances of he absconding. He is ready to abide by any conditions that may be imposed and prays to allow the petition.

(3.) Learned High Court Government Pleader and learned counsel for the respondent No.2 submitted oral objections stating that the charge sheet came to be filed against accused Nos.1 to 3 for the offences punishable under Sec. 376A and B of the IPC and Sec. 4(2), (6) of POCSO Act as against accused No.1 and insofar as the accused Nos.2 and 3 are concerned, for the offences punishable under Sec. 109 read with Sec. 34 of IPC and Sec. 17 of POCSO Act.