DEVARAJ ALIAS DAVID Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Section 376 of IPC and Sections 4 and 6 of POCSO Act of IPC registered in respondent Police Station Crime No. 26/2017.

(2.) Brief facts of the prosecution case are that on 05.04.2017, the victim girl in her statement has alleged that she is studying 7th standard at Bendiganahalli Government school, she is residing along with her sister Varsha and her husband Srinivas in a rented house belongs to one Akkayaiamma. Petitioner is the grandson of Akkaiyamma and he is aged about 23 years and he is working in airport. In day time, he used to go with sheep for grazing to field, she also going with sheep for grazing to field. Petitioner was known to her from last two years. When she was alone in the house, petitioner visiting her house and sex with her. When she became pregnant and she told the above said fact to the petitioner, he neglected her and stopped talking with her. Due to the fear, she did not told about her pregnancy to her parents. On 04.04.2017, she was suffering from stomach pain, then her parents shifted her to hospital. In the hospital, she gave birth to one female baby. After delivery, hospital authority intimated the same to the complainant police and then the complainant police visited the hospital and recorded the statement of the victim girl and registered the complaint. On the basis of the said complaint, the case came to be registered by the respondent police.

(3.) I have heard the learned Counsel appearing for the petitioner-accused and the learned High Court Government Pleader appearing for the respondent-State.