VIKKI GUPTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner under Section 439 of the Code of Criminal Procedure in connection with Karatagi P.S. Crime No. 66/2017, registered for offences punishable under Sections 363, 366(A), 376, 506 of the Indian Penal Code, 1860, besides Section 6 of POCSO Act, 2012. Since from the date of arrest, the petitioner is in judicial custody. Therefore, the learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail among the grounds urged therein.

(2.) Brief facts of the case are that on the basis of the complaint filed by Sri. Mallikarjuna, the father of the victim girl Deepa, aged about 17 years, case came to be registered. The complainant, being the father of the victim girl has stated in his complaint that when he along with his wife and children were present in the house, his daughter Deepa went outside the house saying that she wants to get the photocopies of all her school records for the purpose of scholarship. But she did not return back to the house. Subsequently, the complainant searched her but she could not be traced and even her mobile was also switched off and all efforts made by him went in vain. The complainant informed the same to his wife and also his brother and thereafter, they also did not trace the victim. On 08.05.2017, the complainant lodged a missing complaint before the respondent-Police, which, initially, came to be registered against unknown persons for the offence punishable under Section 363 of IPC. Subsequently after completion of investigation, the Investigating Officer laid the charge sheet against the accused for the offences punishable under Sections 366(A), 376 and 506 of IPC, besides Section 6 of POCSO Act, 2012.

(3.) Heard the learned counsel for the petitioner- accused and the learned HCGP for the respondent-State. Perused the entire records consisting the statements of the witnesses and also mahazar conducted by the Investigating Officer. During the course of investigation it reveals that the accused said to be abducted the victim-Deepa aged about 17 years and had forcible sexual intercourse against her will.