PATHALINGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 439 of Cr.P.C., for enlarging him on bail in Spl.C.C.No.147/2023 pending on the file of II Addl.Sessions Judge/Special Judge, Chitradurga arising out of Crime No.148/2023 of Abbinahole Police Station for the offence offences punishable under Ss. 363, 376(2)(n) read with Sec. 34 of IPC and Ss. 4, 6 and 17 of the Protection of Children from Sexual Offences (POCSO Act).

(2.) The brief case of the prosecution is that, the victim is the daughter of complainant aged about 16 years. It is alleged that on 2/9/2023 at about 7.00 p.m., in Upparahalli Village, the petitioner along with accused no.2, enticed the victim girl and took her in a car bearing Regn.No.KA-05-AJ-1778 and kept her in the house of CWs 4 and 5 situated in Bengaluru and on the night of 7/9/2023 to 11/9/2023, he committed sexual assault on the victim girl repeatedly. Initially, the complainant lodged a missing complaint before the Police stating that his daughter i.e. victim girl was missing and later when she was traced, the petitioner was prosecuted.

(3.) The statement of victim girl under Sec. 164 of Cr.PC is also recorded by the learned Magistrate. After completion of investigation, the Investigating Officer has also submitted the charge sheet. The petitioner was apprehended and produced before the learned Special Judge. The learned Special Judge remanded him to the custody. The petitioner had approached the learned Special/Sessions Judge seeking regular bail and the bail petition filed by him was rejected. Hence, the petitioner is before this Court.