SHASHIKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner-accused is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.106/2022 of Manchenahalli Police Station, registered for the offences punishable under Ss. 376(2)(i) , 376(2)(n) of the Indian Penal Code (for short ' IPC ') and Sec. 6 of Protection of Children from Sexual Offences Act (for short, 'POCSO Act'), on the basis of the first information lodged by the informant-Smt.Kamalamma.

(2.) Heard Sri.Vinaya Keerthi, learned Counsel for the petitioner and Sri.H.S.Shankar, learned High Court Government Pleader for the respondent No.1-State. Perused the materials placed on record.

(3.) Learned Counsel for the petitioner submitted that the petitioner is the sole accused. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 13/5/2022 and since then he is in judicial custody. It is alleged that he committed sexual assault on the victim, who is aged 14 years. Petitioner is also aged 22 years. The informant has not stated regarding commission of sexual assault by the petitioner in her statement recorded under Sec. 164 of Cr.P.C. The investigation is completed and the charge sheet is also filed. There is nothing on record to connect this petitioner with the Provisions of POCSO Act. Since the investigation is already completed, detention of the petitioner in custody would amount to pre-trial punishment. He is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.