SHRI PRAVEENKUMAR C. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/ accused under section 439 of Cr.P.C., 1973 to release him on bail in Crime No.100/2018 of Channagiri Police Station for the offence punishable under Sections 366(A), 376 of IPC and also under section 6 of the Protection of Children from Sexual Offences Act.

(2.) I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

(3.) The gist of the case of the prosecution is that on 6.3.2018 a missing complaint was filed by father of the victim alleging that on 1.3.2018 without informing to anybody his daughter went away from his house at about 7.30 p.m. and they searched for his daughter, but they could not traced. On the basis of the complaint a case was registered and on 12.3.2018 at about 4.00 p.m. both the victim and the petitioner/accused came back to Channagiri and victim alone went to Channagiri police station and she informed that she is residing with her parents at Marvanji Village. She had studied up to 2nd year PUC and after completing half of the PUC she left the college and staying at home. When she was going to the school about four years back while travelling in the bus she had friendship with the petitioner/accused and thereafter often they used to talk with each other over the phone. On 1.3.2018 at about 8.00 p.m. victim called the petitioner over the phone, at that time the petitioner told her to come over to the cross of the Pandovmatti. She went there and the petitioner/accused also came on a motorbike and took her to Udupi and they stayed in the room of a friend and took her to a temple and thereafter they tied the Tali to her neck, though she refused as she is under 18 years and thereafter she was taken to a room and stayed there and during the night hours against her will she has been sexually assaulted. On the basis of the statement, investigation has been completed and the charge sheet has been filed.