PUTTAPPA @ PUTTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioner's counsel, learned HCGP and the learned counsel appearing for the complainant.

(2.) The respondent-police have registered a complaint against the petitioner in Crime No.391/2017 for the offences punishable under Sec. 4 and 6 of POCSO Act, 363 and 376 of IPC and Sec. 3(2) (v) of SC/ST (Prevention of Atrocities) Act, 1989.

(3.) In the first instance on 8/8/2017, the mother of the girl made a missing complaint to the police stating that her daughter aged about 16 years left house at 8.30 am., for going to college and did not return to the house in the evening. She suspected that the petitioner might have taken her daughter. After tracing of the girl, she was made to appear before the Magistrate for the purpose of recording the statement under Sec. 164 of Cr.P.C. This statement shows that the girl was in love with the petitioner and the petitioner had come to the house of the girl and asked her father to perform their marriage. The father told him that he wanted to perform the marriage of his elder daughter first. She has stated that on 8/8/2017 at about 4.30 p.m., the petitioner came near her college and took her with him to his sister's house. From there she was taken to the house of his other relative. She has also stated that a few days afterwards, they stayed in a rented house where he had intercourse with her.