MAHESH; ANAND; SANTOSH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners filed this petition under Section 439 Cr.P.C. seeking to enlarge them on bail in connection with Crime No.185/2015 registered for the offences punishable under Sections 366(A), 376, 506 R/w. Section 34 of IPC and Sections 4 and 6 of the POCSO Act.

(2.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State. Perused the complaint, FIR, charge sheet and documents produced along with the charge sheet.

(3.) The learned counsel for the petitioners submits, the petitioners are implicated in the case as accused on the false complaint of the victim, whereas the very victim in her statement made under Section 164 Cr.P.C. before the learned Magistrate, Mudhol, has stated that these petitioners dropped her to the house of her Aunt at Mudhol, and she has not stated that they have exploited her sexually. The learned counsel submits, the petitioners have not committed any offence, much less the one alleged in the complaint. However, he submits since charge sheet has already been filed, there is no apprehension that, if the petitioners are released on bail, they would interfere with the investigation. Therefore, he prays for allowing the petition by granting bail to the petitioners.