FAKEERAPPA HANUMANT ABBIGERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is successive bail petition filed under Sec. 439 of Code of Criminal Procedure (for short, 'the Cr.P.C.') by petitioner, who is arraigned as accused No.1, to grant him bail in Crime No.89/2023 of Murgod Police Station (Spl.Case No.109/2023) for the offences punishable under Ss. 363, 376(2)(n) (o), 109 r/w Sec. 34 IPC, Ss. 4, 6 of POCSO Act, 2012 and Ss. 9, 10, 11 of Prohibition of Child Marriage Act, 2006.

(2.) In support of his petition, petitioner has contended that he is falsely implicated. He is innocent. He has not committed the alleged offences. He is very respectable person having good moral character. He is victim of criminal conspiracy between the complainant and one I.M.Hiregoudar. During her statement under Sec. 164 Cr.P.C., the prosecutrix has not incriminated the petitioner. Even if the entire case of the prosecution is taken into consideration, no case is made out against the petitioner. There are no sufficient grounds and material to proceed against the petitioner. The Sessions Court has erred in rejecting the bail application of the petitioner. The statement of the victim girl under Sec. 164 Cr.P.C. does not attract the allegations made against the petitioner.

(3.) In support of his arguments, learned counsel for petitioner has relied upon the following decisions: