RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is the sole accused has filed this petition under Sec. 439 Cr.P.C. to release him on bail in Crime No.231/2022 of Khanapur Police Station for the offences p/u/s 366-A, 376(2)(n) IPC and Sec.4 and 6 of POCSO Act, 2012,

(2.) In support of his petition, petitioner has contended that he is innocent of the offences alleged. He has not committed the alleged offences and that he has been falsely implicated. Even if the entire allegations made in the complaint and the other prosecution material are taken into consideration on its face value, the same do not disclose commission of any offence exclusively punishable with death or imprisonment for life. Petitioner is falsely implicated at the instance of his rivals only on suspicion. There is no material to connect the petitioner with the alleged crime. There is inordinate delay in filing the complaint. During the course of her statement under Sec. 164 Cr.P.C, the prosecutrix has stated that she loves accused and it was a case of consensual sex. Already investigation is completed and as such, the custodial presence of petitioner is not required. Petitioner is a permanent resident of the address given in the petition owning movable and immovable properties and there are no chances of he absconding. Petitioner is ready and willing to abide by any conditions that may be imposed and offer substantial surety to the satisfaction of the trial Court and prays to allow the petition.

(3.) In this case, the mother of prosecutrix is arraigned as respondent No.2 and the Mahila Santwana Kendra where the prosecutrix is kept is arraigned as respondent No.3.