H. NAGESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused in Spl.C.No.64/2023 pending on the file of learned Spl. 2nd Addl. District and Sessions Judge Chitradurga, arising out of Crime No.61/2023 registered by Abbinahole Police Station, Chitradurga District for the offences punishable under Ss. 363 and 376 of Indian Penal Code (for short hereinafter referred to as 'IPC') and Ss. 4, 8 and 12 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.61/2023 was registered by the Abbhinahole police station, Chitradurga against the petitioner herein for the aforesaid offences on the basis of the complaint dtd. 28/3/2023 lodged by the 2nd respondent who is the mother of the victim girl. In the complaint it is averred that the complainant's minor daughter who was studying in 7th standard was found missing from their house on 26/3/2023 and she returned home on 28/3/2023. On enquiry, she told that the petitioner had taken her to a house at Dasarahalli, Bengaluru on 26/3/2023 and had sexually assaulted her despite she resisting his act. It is in this background, the complaint was lodged.