AKHIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 in Spl.C.C.No.977/2023 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-I, Bengaluru for the offences punishable under Ss. 363, 506 read with 34 of Indian Penal Code, 1860 and Ss. 4, 6, 8, 12, 16 and 17 of the Protection of Children from Sexual Offences Act, 2012, is before this Court under Sec. 439 of the Criminal Procedure Code, 1973.

(2.) Heard the learned counsel for the parties.

(3.) On the basis of the complaint dtd. 8/4/2023 lodged by Nethravathi, the mother of the victim girl, Subramanyanagar police station had registered FIR in Crime No.57/2023 against the petitioner and another for the offences punishable under Ss. 363 506 read with 34 of Indian Penal Code, 1860 and Ss. 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. In the complaint, it is averred that complainant's husband was admitted in Apollo Hospital for treatment and therefore, she had left her minor daughter aged about 17 years who was studying in II year PUC, in her mother's house. Petitioner who was working as a driver of complainant's sister-in-law Anitha, was allegedly in contact with the victim girl and he used to send her messages through Instagram. On 8/4/2023, complainant's husband was admitted in the hospital and the victim girl along with her cousin sister had gone to Orion Mall, Rajajinagar, Bengaluru and at about 1.30 p.m., the accused persons had come to the Mall in a car and accused No.1 allegedly had pestered the victim girl to love him and when the victim girl had not agreed for the same, the accused No.1 allegedly threatened that he will commit suicide. When the victim girl did not agree for his proposal even thereafter, the accused persons forcibly took her in the car in which they had come. At that time, the relatives of the complainant stopped the car and had saved the victim girl. It is in this background, the complainant had approached the police and had lodged the complaint on 8/4/2023 based on which FIR in Crime No.57/2023 was initially registered only for the offences punishable under Ss. 363, 506 read with 34 of Indian Penal Code, 1860 and Ss. 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. During the course of investigation in the said case, the petitioner was arrested on 9/4/2023. Investigation of the case is complete and charge sheet is now filed for the offences punishable under Ss. 363, 506 read with 34 of Indian Penal Code, 1860 and Ss. 4, 6, 8, 12, 16 and 17 of the Protection of Children from Sexual Offences Act, 2012. Petitioner has been arrayed as accused No.1 in the charge sheet. His bail application filed before the Trial Court in Crl.Misc.No.4856/2023 was rejected on 24/7/2023. Therefore, he is before this Court.