(1.) Accused No.1 in Spl.C.No.40/2023 pending on the file of learned Spl. 2nd Addl. District and Sessions Judge Chitradurga, arising out of Crime No.199/2022 registered by Srirampura Police Station, Chitradurga District for the offences punishable under Ss. 376 (2) (n) and 506 of Indian Penal Code (for short hereinafter referred to as 'IPC') and Ss. 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (for short hereinafter referred to as 'POCSO') is before this Court under Sec. 439 of Cr.P.C. seeking regular bail.
(2.) Heard the learned Counsel for the petitioner and learned High Court Government Pleader for respondent-State. Respondent No.2 who is served in the matter has remained unrepresented before the Court.
(3.) FIR in Cr. No.199/2022 was registered by the Srirampura police station, Chitradurga initially against the petitioner herein for the aforesaid offences on the basis of the complaint dtd. 10/12/2022 lodged by the 2nd respondent who is the mother of the victim girl. During the course of investigation the petitioner was arrested on 10/12/2022 and subsequently remanded to judicial custody. Investigation is completed and charge sheet has been filed as against three persons for the aforesaid offences. In the charge sheet, the petitioner is arrayed as accused No.1. The petitioner's bail application filed before the Court of Special 2nd Addl. District and Sessions Judge, Chitradurga in Crl.Misc.No.1250/2023 was rejected on 4/10/2023. It is under these circumstances, the petitioner is before this Court seeking regular bail.