LAWS(KAR)-2024-6-90

PAVAN KUMAR Vs. STATE OF KARNATAKA

Decided On June 26, 2024
PAVAN KUMAR Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This appeal is filed by the appellant - accused praying to set-aside the order dtd. 19/4/2024 passed in Crl.Misc.No.365/2024 by the I Additional District and Sessions Judge, Ramanagara, whereunder the bail petition of this appellant - accused sought in respect of Crime No.145/2023 of Rananagara Women Police Station registered for the offences punishable under Ss. 376, 376(3) of the Indian Penal Code, 1860 (for short hereinafter referred to as "IPC"), Ss. 4(2) and 6 of the Protection of Child from Sexual Offences Act, 2012 (for short hereinafter referred to as "POCSO Act") and Ss. 3(1)(w)(i) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as "the SC/ST Act"), came to be rejected.

(2.) Heard the arguments of learned counsel for the appellant - accused, learned counsel for respondent No.2 and learned High Court Government Pleader for respondent No. 1 - State.

(3.) Case of the prosecution is that the appellant and the victim girl had love affair since three years and same came to the knowledge of the grand parents of the victim and they warned her. It is further case that the victim girl along with appellant -accused, her friend and another went in car to Kootagal Betta where this appellant -accused took the victim girl and had forcible sexual intercourse on the victim girl. The maternal uncle of the victim girl has filed complaint and police after investigation have filed charge sheet against this appellant -accused for offences noted above. The appellant -accused came to be arrested on 11/2/2023 and he is in judicial custody. The appellant - accused filed Crl.Misc.No.265/2024 seeking bail and the same came to be rejected by the impugned order dtd. 19/4/2024, which is challenged in this appeal.