MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondent-State. Petitioner is the sole accused in Cri. No. 239 of 2014 on the file of Manchenahalli Police Station, Chikkaballapur District. After concluding investigation, charge-sheet has been filed for the offences punishable under Section 363 of Indian Penal Code, 1860, Section 12 of Protection of Children from Sexual Offences Act, 2012 and Sections 11 and 9 of the Child Marriage Restraint Act, 1929. The petitioner is in judicial custody since 7 months. Hence, regular bail application has been filed under Section 439 of Criminal Procedure Code, 1973.

(2.) The main allegation against the petitioner is that, the complainant by name Sri Ramanjenappa stated in the complaint that, his daughter Kum. Jayamala was studying in 10th Standard in Composite Junior College, Manchenahalli. One Venkataramanappa was also residing in their village. The petitioner-accused used to come to Venkataramappa's house. While he was coming to Venkataramapp's house he used to talk to complainant's daughter. As there was holiday to the school, his daughter was in the house. On 19-10-2014 due to some work, the complainant had been to Gowribidanur and when he returned back home, his daughter Jayamala was not in the house and he telephoned to his relatives and also searched her in different places, but he did not find her. Hence, he has lodged a complaint against the petitioner.

(3.) Learned Government Pleader has vehemently opposed the bail application on the ground that there is prima facie case against the petitioner in regard to the involvement of the petitioner-accused in committing the alleged offence. Hence he requests this Court to dismiss the bail application.