MOHAMMEDSAB @ MAMMUSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner arrayed as accused has preferred this petition seeking to enlarge him on bail in respect of Crime No. 218/2015 of Koppal Town Police Station, registered for the offence under Sec. 363 of IPC, later inserted the offence under Sec. 376 of IPC read with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act) and charge sheet is filed for the offence under Sec. 363 of IPC and now pending in C.C.No.51/16 on the file of Principal Civil Judge (Sr.Dn.) and CJM Court, Koppal, for the offence under Sec. 363 and 376 of IPC and Sec. 4 of POCSO Act.

(2.) Heard the learned Counsel for the petitioner and the learned High Court Government Pleader for the respondent State and perused the charge sheet and documents produced along with the charge sheet and the order passed by the learned Sessions Judge, rejecting the bail petition of the petitioner filed under Sec. 439 of Cr.P.C.

(3.) Learned Counsel for the petitioner submits, petitioner has not committed any offence, much less, the one alleged in the charge sheet. He submits, though FIR was initially registered for the offence punishable under Sec.363, later, on the basis of the alleged statement of the victim recorded under Sec. 161 of Cr.P.C. offence punishable under Sec. 363, 376 of IPC read with Sec. 4 of POCSO Act came to be inserted and now charge sheet has been filed for the offence punishable under Sec. 366 and 376 of IPC. Learned Counsel submits, material produced by the Police along with the charge sheet discloses that victim was born on 01-06-1997 and she was major as on the date of the incident and she voluntarily moved with the petitioner and that there was no occasion for the petitioner to commit sexual assault on the victim and to commit the offence either under Sec. 363 or under Sec. 376 of IPC. He submits, since charge sheet has already been filed, there is no apprehension that if the petitioner is released on bail, he would interfere with the fair investigation. Therefore, he prays for allowing the petition by granting bail to the petitioner.