SRI. SANTOSH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under section 439 of the Code of Criminal Procedure, 1973 (henceforth for brevity referred to as "Cr.P.C.") seeking grant of regular bail in Special S.C.No. 27/2017 (POCSO) on the file of Principal District and Sessions Judge, at Gadag (in Crime No. 325/2016 of the respondent Police Station) for the offences punishable under Section 306, 354(A)(ii), 354(D) of the Indian Penal Code (henceforth for brevity referred to as "IPC") and section 12 of the Protection of Children from Sexual Offences Act, 2012, (henceforth for brevity referred to as 'POCSO').

(2.) The summary of the case of the prosecution as could be gathered from the charge sheet, at this stage, is that one Miss. Anita D/o. Gangappa, aged about: 16 years, committed suicide on 12.09.2016 by consuming Organophosphorous Insecticide in her house. At the complaint lodged by the father of the deceased before the police, after conducting investigation came to conclusion that it is at the instigation of the present accused/petitioner, with whom the deceased was frequently talking over cell phone, committed suicide. As such, charge sheet was filed against the accused for the alleged offences.

(3.) Learned counsel for the petitioner, in his argument, submitted that the complaint nowhere whispers any instigation said to have been made by the accused for the alleged commission of suicide by the deceased. Except stating that the deceased was talking to the accused over the phone and that she had decided to marry the accused, nothing more has come out against the accused in the form of allegation. However, based upon an alleged further statement of the mother of the deceased, the police have concluded that the accused has committed the alleged offence. As such, the entire case of the prosecution is clouded with suspicious circumstances.