MANJUNATH MALLAPPA OLIYAVAR Vs. STATE BY SOLADEVANAHALLI POLICE

JUDGEMENT

(1.) This is the petition filed by the petitioner/accused under Section 439 of Cr.P.C., seeking his release on bail for the offences punishable under Sections 363 of IPC, registered in respondent-police station in Crime No.45/2017. Subsequently after recording of statement of victim girl, other offences punishable under Sections 366(A) , 376 of IPC and also Section 4 and 8 of Protection of Children from Sexual Offences Act, also inserted in the said case.

(2.) Brief facts of the prosecution case that on 06.02.2017 one Basavaraju is father of the victim girl. He has filed a complaint for missing of his daughter, wherein he has stated that his daughter by name Kum.Shivaleela, aged about 14 years was studying in 7th standard and Silubepura Sacred Heart School. On 04.04.2017, in the morning at about 7.00 a.m. she went out of the house stating that she will go to the school, but she has not returned to the house. They made search at all the places, but she was not traced. On the basis of this information furnished to the police, FIR came to be registered, but subsequently after return of the victim girl, police have recorded the statement of witnesses, wherein she has stated that the present petitioner took her and he has also tied Tali to her neck. Thereafter, they became husband and wife and they have also involved in sexual inter course.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.