SRI.SHIVANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C., seeking regular bail in Crime No.187/2016 registered by the respondent/police for the offences punishable under Section 376 of IPC and Sections 3(iii) and 3(xii) of SC and ST (POA) Act, 1989 and Section 4 of POCSO Act, 2012. The charge sheet having been filed, the matter is now stated to be pending on the file of the I Addl. District and Special Judge, Mandya in Spl.C.No.147/2016. The accused/petitioner is in custody since 04.06.2016.

(2.) According to the prosecution, the incident took place on 25.05.2016 at 1.30 pm. The victim is stated to be a child, aged about seven years. The complaint came to be filed on 04.06.2016 alleging that on 25.05.2016 at about 1.30 pm., the accused called the minor victim to his house and committed rape on her. In the complaint, it is alleged that soon after the incident, seeing her private part bleeding, the victim was taken to the hospital. Even in 161 statement it is stated that on the same day the victim was taken to the hospital. But the investigation papers do not contain any document with regard to the alleged treatment given to the victim on 25.05.2016. On the other hand the records disclose that the whole process was initiated only after lodging of the complaint on 04.06.2016 and on the same day the victim was subjected to medical examination.

(3.) The medical certificate does not disclose any external injuries on the body of the victim. In this background, the learned counsel for the petitioner submits that the entire complaint is obliquely motivated and there is no incriminating material whatsoever against the petitioner. Though the accusation made against the petitioner are serious in nature, yet having regard to the fact that the investigation is already completed, and looking into the nature of evidence collected by the investigating agency, I do not find it proper to extend the custody of the petitioner in the present case.