JAYAKUMAR K.L. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This bail petition is filed by the petitioner/accused No.24 under Sec. 439 of Cr.P.C. seeking regular bail in Crime No.12/2021 of Sringeri Police Station, Chikkamagaluru District for the offence P/U/Ss.120-B, 376, 109, 144 of IPC and Sec. .3(a) r/w 4, 17, 19 of POCSO Act, Secs. 3, 4, 5 of Immoral Traffic Prevention Act 1958, Sec. .75 of Juvenile Justice Act, 2015 pending on the file of the Additional District and Sessions Judge, Chikkamagaluru.

(2.) Heard the petitioner's counsel and also the High Court Government Pleader appearing for the State.

(3.) The factual matrix of case of the prosecution is that, the victim was staying along with accused No.16 and accused No.16 having nexus with accused No.1. The victim was subjected to sexual act by accused No.1, he recorded the same and used to blackmail with her at the instance of accused No.16. This petitioner is the friend of accused No.1 and in the month of October, 2020, accused No.1 called the petitioner and told about the victim. Since she is studying SSLC, he makes payment of Rs.1,000.00, to have the sexual act with a minor girl. His friends are also there, he will arranged for the same. Accused No.1 on 21/10/2020 called him and bring his friends and in turn accused No.24 called accused No.38 and he accepted the proposal and in turn he called accused No.11 and informed the same. This petitioner told accused No.1 that in total three persons are coming. In turn accused No.1 contacted accused No.16 and accused Nos.38 and 11 came in an auto rickshaw and this petitioner also came to the particular spot and all of them followed the instructions of accused No.1. Knowing fully well that victim is a minor girl subjected her for sexual act, taking her to a remote place. The complaint is lodged with the police belatedly through Children Welfare Committee. Police have investigated the matter and filed the charge sheet against this petitioner and also other 52 accused persons who have subjected the victim for sexual act at the instance of accused No.1 and accused No.16. The victim girl is also subjected for medical examination and her statement was recorded before the learned Magistrate and after investigation, now trial is also commenced.