BIKAS BARMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Criminal Procedure Code, 1973, seeking his release on bail of the offences punishable under Section 5(m) read with Section 4 of Protection of Children from Sexual Offences Act, 2012 and Section 376(2)(f) read with Section 511 of Indian Penal Code, 1860 registered in respondent-Police Station Crime No. 298 of 2013. I have heard the learned Counsel appearing for the petitioner-accused and the learned High Court Government Pleader appearing for the respondent-State.

(2.) Learned Counsel appearing for the petitioner, during the course of the arguments, submitted that there is no material placed by the prosecution to show that the petitioner has committed the alleged offence on the victim girl. He has also submitted that the medical report is also not supporting the case of the prosecution. Investigation of the case is completed and the charge-sheet is also filed. Therefore, by imposing reasonable conditions, the petitioner may be admitted to bail.

(3.) As against this, learned High Court Government Pleader appearing for the respondent-State, during the course of the arguments, submitted that looking to the statement of the victim girl, who is aged only five years at the time of incident and also the statement of the other witnesses, it is clear that the petitioner has committed the alleged offence. Hence, the petitioner is not entitled to be released on bail.