KRISHNA @ KRISHNAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is accused in Crime No.102/2015 registered with Kanakapura Town Police Station for the offences punishable under Sections 366, 114 r/w Sec.34 of IPC and Section 17 of POCSO Act. He has filed this petition under Section 439 Cr.P.C., seeking enlargement on bail.

(2.) Heard Sri. Kemparaju, learned Counsel appearing for the petitioner and Sri K. Nageshwarappa, learned HCGP for the respondent - State and perused the records.

(3.) Learned Counsel for the petitioner submits that the petitioner herein is a student studying in 1st year M.A. in R.E.S. College at Kanakapura. Victim Ms.Shwetha is also a student of the same college and they are close friends. The complainant is the father of the victim and he did not approve the friendship between the petitioner and the victim. Therefore, he has filed the instant false complaint. Learned Counsel for the petitioner strongly relied upon the medical certificate issued by the Medical Officer, Taluka Hospital, Kanakapura, Ramanagara District and pointed out that the doctor has specifically opined that there was no rupture to the hymen and no rape has occurred. He further submits that the petitioner has to appear for his Master Degree examinations which commences from 1st June 2016. With these submissions, learned Counsel for the petitioner prays for allowing this appeal.