SUNIL ALIAS KEPPE SHEENA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner-accused under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences punishable under Sections 302 and 201 of I.P.C. registered in respondent police station in Crime No. 172/15. But after completion of investigation, charge sheet came to be filed even for the offence punishable under Section 376 of I.P.C. and Section 6 of the Protection of Children from Sexual Offences Act.

(2.) The brief facts of the prosecution case as per the complaint averments are that one Radha Devadiga, mother of the victim, filed a complaint in this case wherein it is stated that she was having a daughter by name Akshata and she was studying in II PUC in Byndoor. Everyday she used to come back from college from Byndoor to Vattinene hills pathway at about 4.45 p.m.

(3.) On the morning of 17.6.2015 at about 8.30 a.m., it is stated that Akshata left her house to go to college with her bag, water bottle and an umbrella stating that she would go to college. At 4.45 p.m., she did not return. Her parents enquired with Anitha, sister of the deceased who came to the house at 5.00 p.m. and she also enquired with family members whether her sister had not yet come home. They consulted one Swapna and Veena, friends of Akshata over phone. Both of them told that upto their house, they all came together and thereafterwards, Akshata proceeded further by walk. They informed the same to one Vasu Devadiga over phone, who is working in BESCOM and he told that at about 4.20 p.m., he had seen Akshata proceeding from Byndoor towards her house. He also told that she was going towards the Vattinene hills pathway alone. Then they made search for Akshata and at that time, one Narasimha and others informed them that the dead body of Akshata was lying in between acacia trees and it was in supine position. They all went there at 6.15 p.m. and saw the dead body of Akshata. Hence, complaint came to be filed on the basis of which a case was registered against unknown persons. During investigation, the present petitioner has been arrayed as 1st accused.