GIRISH C.R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Sec. 439 of Cr.P.C. for enlarging him on bail in SC No.346/2022 pending on the file of Additional District and Sessions Judge, FTSC ' I, Mysore.

(2.) The allegations of the prosecution disclose that, on 14/5/2022 statement of the victim was recorded by WPC of Bettadapura Police Station, wherein she alleged that she was in love with accused No.1 and thereafter, accused No.1 under the guise of marriage, took her to the forest near Bettadapura Bridge and committed sexual assault on her. It is also alleged that subsequently on 5 to 6 times, they had physical relationship under the guise of marriage and when she was pregnant, she reported the matter to accused No.1 and thereafter, accused No.1 stopped entertaining her. Then the matter was brought to the notice of her mother and later on the Superintendent has provided her shelter in Balakiya Balamandira, Mysore and her 164 Cr.P.C statement also came to be recorded. A crime was registered against accused No.1 and subsequently, charge sheet came to be filed against accused No.1 for the offences punishable under Sec. 376 (2)(J)(n) of IPC and Sec. 4, 5(L) and 6 of POCSO Act, 2012. The accused No.1 was arrested and subsequently, he was enlarged on bail.

(3.) When the matter was posted for recording the evidence, the victim has given her evidence as against the present petitioner by giving a go-by to her complaint allegations as against accused No.1. Hence, an application under Sec. 319 of Cr.P.C. was filed by the prosecution which came to be allowed by learned Special Judge. Then process came to be issued against the present petitioner arraying him as accused No.2 and he surrendered before the Court and he was remanded to the Judicial custody. Then he moved a Regular Bail petition before the learned Special Judge and learned Special Judge has rejected the bail petition. Hence, the petitioner is before this Court.