SHASHIKUMAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed the present petition under section 439 of the Code of Criminal Procedure, 1973 (henceforth for brevity referred to as 'Cr.P.C.') praying to grant regular bail and direct the respondent police to enlarge the petitioner/accused on regular bail in Crime No.13/2018 registered by Hanumasagar Police Station for the offences punishable under Sections 363, 376 of the Indian Penal Code (henceforth for brevity referred to as 'IPC') and Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (henceforth for brevity referred to as 'POCSO Act')

(2.) The summary of the case of the prosecution is that, on 08.02.2018, one Sri. Neelappa S/o. Mahantappa Katapur lodged a complaint with respondent-police. The summary of which complaint is that, on 30.01.2018 in the morning, at about 11.00 a.m., his daughter, who is victim girl, left home on the pretext of visiting a photography studio at Ilakal, but she did not return till 7.00 p.m. on the said date. In the meantime, on the very same day, in the afternoon, the maternal uncle of the victim had seen both the victim girl as well the present petitioner/accused at Ilakal and had asked them to return to the village. However, for about 8 days the girl did not return home and search for her resulted in futile. As such, suspecting the hand of the present petitioner in the missing of his daughter, the complainant lodged the complaint. The respondent-police registered the said complaint in their station Crime No.13/2018 for the offence punishable under Section 363 of IPC.

(3.) It is revealed to the Investigating Officer during the course of investigation that, the present petitioner/accused had enticed the said girl and had taken her with him and also had wrongfully confined her in different place at Hanotti village and had committed rape upon her for more than one time in the period of nearly one and half month. On 23.03.2018, the respondent police visited the said village and rescued the said girl and brought her back to the village. Accordingly, Section 376 of IPC and Section 4 and 6 of the POCSO Act were also included in the crime.