MELVIN HERALD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is the petition filed by petitioner-accused under Section 439 of Cr.P.C., seeking his release on bail of the alleged offences punishable under Section 376 of I.P.C and also Section 5(L) read with Section 6 of Protection of Children from Sexual Offences Act, 2012, registered in respondent-Police Station Crime No.574/2016.

(2.) Brief facts of the prosecution case as per the complaint averments are that the victim girl herself lodged a complaint stating that she was studying in I - PUC (Arts) in Bishop Cotton Women's Christian College, petitioner was her senior in Divya Shanti School, but she had no contact with him in her school days though he passed his 10th standard in the year 2011-2012, one Malo Williams, aunt of the petitioner used to give food to our boarding home once or twice in a year as a memorial service to her mother's death day and petitioner used to come along with her, this is how, they got to known to each other and they became friends. On 03.11.2016 when she was on her way to college she was waiting for a bus in Lingarajpura Bus Stop, at around 10.00 a.m. in the morning, Melvin came to the bus stop took her to his house in Lingarajpur, he gave fried rice to her to eat, later he took her to bed room against her wish when no other members were there in their house. She tried to walk out, but he caught hold her hands and in spite of her refusal he removed her clothes and as well as his clothes also and had forcible sexual intercourse with her. He did this twice on the same day. Again on 08.11.2016 he took her to his house and had the sexual intercourse with her. On 9th November 2017 she informed the same to their trust Director Colleen Samuel, then she inquired her and took her to a Doctor for examination. On the basis of which a case came to be registered for the alleged offence against the petitioner.

(3.) Heard the arguments of the learned counsel appearing for the petitioner and also the learned HCGP for the respondent-State.