MANJAPPA @ MANJUNATH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner under section 439 of Cr.P.C., 1973 in Gajendragad Police Station Crime No. 105/2018 relating to the case in S.C. No. 45/2018 for the offences punishable under section 3, 5(L) of The Prevention of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), Section 376(2)(i)(n), 506 and 363 of IPC besides Section 6 of the POCSO Act. Since from the date of arrest, the accused is in judicial custody. Therefore, the counsel is praying for enlarging the accused on regular bail amongst the grounds urged therein.

(2.) Heard the learned counsel for the petitioner and the learned Govt. Pleader for the State and perused the records.

(3.) It is stated in the complaint that, on 30.03.2018 when the victim went to attend the nature call at around 7.30 p.m. that the accused who followed her and also saying as he is loving her, as the accused who has extending life threat to her if she is not willing to accompany him and also extending life threat saying as he would to finish her parents if she is not co-operating with him. On saying so, that the accused who abducted the victim girl and they were proceeding towards Yelburga since it was night hours, he took her to a house of his sister and had sexual intercourse on the victim girl, who is aged about 13 years. On 31.03.2018 at around 6.00 a.m. the complainant's daughter who woke up and she came to know that she was at yelburga and then the accused who brought her back and left near their house and extending life threat saying as to inform the said acts committed by him that would face the dire consequences. It is further stated in the complaint that since 4-5 months the accused who had frequently visited the house of the victim and had some sexual intercourse on her. In pursuance of the act of the accused, on the filing of the complaint by the complainant, a crime came to be registered by the Police against the accused for the offences punishable under section 363, 376(2)(i)(n) and Section 506 of IPC besides Section 3, 5(l) and 6 of the POCSO Act.