LAWS(KAR)-2014-12-292

RAMESH Vs. THE STATE OF KARNATAKA

Decided On December 26, 2014
RAMESH Appellant
V/S
The State Of Karnataka Respondents

JUDGEMENT

(1.) THIS criminal petition is filed under Section 439 of Cr.P.C. seeking for release of the petitioner on bail for the offences punishable under Sections 376, 506 of IPC read with sections 4, 6, 8 & 10 of POCSO Act in Crime No. 195/2014.

(2.) ON the basis of the complaint lodged by the President, Child Welfare Committee, Hassan alleging that a minor girl Dhanalakshmi was raped by the petitioner giving assurance that he will marry her and threaten her to do away with her life if she discloses the said fact. As a result of the said rape, the minor girl became pregnant and gave birth to a female child on 25.07.2014 and sought for an action under sections 4, 6, 8, 10 of POSCO Act and U/S 376 and 506 of IPC. On the basis of the complaint lodged by the Parent and taking into consideration the statement of Dhanalakshmi, a case has been registered against the Petitioner.

(3.) SRI . Nageshwarappa, learned Government pleader appearing for the respondent argued in support of the order passed by the Additional District and Sessions Judge, Hassan and contended that the petitioner has been involved in the offences punishable under sections 376 and 506 of IPC and also under Sections 4, 6, 8 & 10 of POCSO Act. As on the date of the incident, she was a minor. The petitioner inducing the Victim girl that he will marry her, raped her. Hence, he is not entitled for the bail.