MANJUNATHA H. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is arraigned as accused No.1 has filed this petition under Sec. 439 of Code of Criminal Procedure (for short, 'the Cr.P.C .') to release him on bail in Crime No.95/2022 for the offences punishable under Ss. 363 , 366 , 376(2)(n) , 376(3) , 109 , 506 of Indian Penal Code (for short, 'the I.P.C .') and Sec. 4(2) , 6 and 17 of Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act').

(2.) Petitioner has contended that he is law abiding and peace loving citizen. He has not committed the alleged offences. He has been falsely implicated. There was love affair between petitioner and the prosecutrix. When no one was present in the house of the prosecutrix, petitioner and victim had sexual intercourse. They have visited several places. Complaint is filed by father of the prosecutrix. Petitioner has not married the prosecutrix. Complainant after coming to know that the financial position of the petitioner is not sound, has chosen to file the complaint. There is delay in filing the complaint. 2.1 Petitioner is having aged father and blind mother. He is the only person to take care of them. The alleged offences are not exclusively punishable with death or life imprisonment for life. He is ready to abide by any conditions that may be imposed and prays to allow the petition.

(3.) On the other hand, learned High Court Government Pleader submitted oral objections stating that as on the date of the incident, the prosecutrix was aged 13 years 5 months. She was studying in 8th standard. On 30/6/2022 at 11.00 a.m., when the prosecutrix was alone in her house, petitioner committed rape on her. On 1/7/2022 at 4.45 p.m., while the prosecutrix was returning from the school, petitioner along with accused No.2 went there and promising to marry her, kidnapped the prosecutrix and took her to Harihar. From Harihar, he took the prosecutrix to Dharmasthala, Kollur and Murudeshwar. On 4/7/2020, they stayed in Alok Lodge of Davanagere, wherein he once again committed rape on her. On 5/7/2022 at 11.00 a.m., he brought the prosecutrix to Harapanahalli and left her giving threat not to disclose the fact of they having sexual intercourse and thereby committed the offences punishable under Ss. 363 , 366 , 376(2)(n) , 376(3) , 109 , 506 of I.P.C. and Sec. 4(2), 6 and 17 of POCSO Act.