RAHAMATHULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by the petitioner/accused No. 1 under Section 439 of Cr. P.C. seeking his release on bail in Crime No. 174/2013 registered in respondent police station for the offences punishable under Section 366(A), 343, 376 R/W 34 of IPC and Sections 3(1)(xi), 3(2)(v) of SC/ST (POA) Act and Section 8 of the POCSO Act.

(2.) HEARD the arguments of the learned counsel appearing for the petitioner/accused No. 1 and also heard the learned High Court Government Pleader for the respondent State.

(3.) LEARNED counsel made the submission, that the prosecution case is petitioner herein said to be apprehended on 19.11.2013 in the RV Lodge, Devanahalli and he was arrested and taken into the custody. The counsel made the submission that when the victim girl is aged about 17 years studying in the II PU she is not suppose to go with the present petitioner if there is no reason for her. Counsel made the submission that the material goes to show that she herself voluntarily went in the Auto as alleged by the prosecution. He also submitted that looking into the examination of the victim girl so far as the alleged offences are concerned it is clearly mentioned in the final opinion that there is no signs of sexual intercourse and presence of seminal satin was not detected on item No. 1, 2, 3, 4, 6, 7, 8 and 10. He made the submission that looking into the findings of the FSL which also supports the case of the petitioner that no such incident of the alleged rape has taken place and he has been falsely implicated in the case. Hence he made the submission that now investigation is completed and charge sheet is filed, by imposing any reasonable conditions petitioner may be enlarged on bail.