NAGESH Vs. STATE BY KARNATAKA RAJANUKUNTE POLICE STATION

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C. seeking grant of bail in Cr.No.179/2015 on the file of the Rajanukunte police station for the offences punishable under Sections 376, 420 of IPC and Section 6 of Protection of Children from Sexual Offences (POCSO) Act.

(2.) On the complaint filed by the victim girl, the police have registered a case against the petitioner for the offences punishable under Sections 376, 420 of IPC and Section 6 of POCSO Act. It is the specific case of the prosecution that the petitioner forcibly had sexual intercourse with the victim girl on many occasions by promising her that he will marry her. However, subsequently, he refused to marry her. She gave birth to a male child on 05.11.2015. Thereafter, a complaint has been lodged by her before the respondent -Police and the police have registered her case.

(3.) The learned counsel appearing for the petitioner contended that the incident is said to have been occurred in the month of October -2014 while she was studying ninth standard, the complaint came to be filed on 05.11.2015. The petitioner has not involved in any of the offences alleged against him. He has been falsely implicated in the said case. If the petitioner had committed any offence against the will of the complainant, complaint would have been lodged immediately. However, the complaint has been lodged only after giving birth to the male child on 04.11.2015.