BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant who is the sole accused has filed this appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 2015 ('the Act' for short), seeking regular bail for the offences punishable under Sec. 376(2(n), 376(3), 363 of IPC r/w Sec. 4(2) and 6 of POCSO Act, and under Sec. 3(2)(v) of SC/ST Act, 2015.

(2.) In support of the appeal, the appellant contended that the complaint averments falsify the allegations that prosecutrix was kidnapped by the appellant. The investigating officer has failed to collect the birth certificate of the prosecutrix to prove her age. The allegations that the appellant kidnapped the prosecutrix and took her to Gajendragad and from there to Goa and later, they returned to Bangalore and stayed in a room till 18/5/2024 falsifies the allegation that she was kidnapped by the appellant. The appellant is falsely implicated. He was arrested on 18/5/2024 and since then he is in judicial custody. Already investigation is completed and charge sheet is filed. Appellant is ready and willing to abide by any conditions that may be imposed and offer substantial sureties to the satisfaction of the trial Court and hence, the appeal.

(3.) Learned HCGP submitted oral objections stating that as on the date of incident prosecutrix was aged 16 years. On 2/5/2024, at 8.00 am, complainant left the house to work in the land. At 12.00 noon, when he returned home, his wife disclosed that prosecutrix has left the house to go the tailoring shop of one Bajanri, but, has not returned. Both of them searched for her everywhere and filed the complaint. They suspect that someone might have kidnapped her.