SOMASHEKARA H.B. @ KULLA Vs. STATE

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Government Pleader.

(2.) The facts are the complainant one Prema had alleged that she is the mother of three children. Her daughter Sandya is aged about 17 years and she was studying in Para Medical College at Mandya. She had discontinued her studies on account of domestic problems and was alone at home. On 01.06.2015, at about 8.00 a.m., she had left home complaining of a headache and that she was going to hospital but, failed to return home. After a futile search, the complainant had lodged a complaint before the police of her daughter missing. It is stated that after almost a month, her daughter had returned home and narrated that she had been kidnapped by the present petitioner, who had repeatedly committed rape on her and it is in this background, a case has been registered against the petitioner.

(3.) The petitioner having approached the Court below seeking bail which has been rejected on the ground that there is a prima facie case made out against the petitioner and since, the offences alleged against the petitioner are also punishable under the provisions of the Protection of Children from Sexual Offences Act, 2012 which attracts serious punishment and requires to be viewed seriously, the petitioner could not be enlarged on bail. However given the circumstances of the case, that it is only the allegation of the daughter of the complainant and the complainant that she had been kidnapped by the petitioner and that she has been violated sexually which has resulted in the institution of the case against the petitioner. According to the medical report, there was no evidence of sexual intercourse having been committed on the victim, which requires the prosecution to establish its case at the trial which may even be an uphill task. Given the facts and circumstances, the petitioner has made out a case for enlarging him on bail.