KIRAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed by the petitioner-accused under section 439 of Cr.P.C., 1973 praying to release him on bail in Crime No.202/2018 of Anavatti Police Station, Shivamogga for the offences punishable under Sections 376(2)(n) and 506 of IPC and also under section 6 of Protection of Children from Sexual Offences Act, 2012.

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

(3.) The gist of the complaint is that the complaint came to be registered on 10.07.2018 alleging that the victim has studied upto SSLC and the petitioner-accused was known to her since her childhood. Since last one year, he persuaded her to love him and in the month of December, 2017, accused-petitioner took her to newly constructed building of Shivappa in the said village and there he had a sexual assault on her against her will. She has further stated that the petitioner-accused also gave life threat and likewise, he frequently had sexual act with her. As a result, she became pregnant. She did not disclose to anybody regarding sexual assault. On 09.07.2018, she had suffered labour pain and then she informed the same to her mother. Her mother took her to Jade hospital and there on the way, the victim delivered a baby. Thereafter, she got admitted in the hospital and therefore, the victim informed the incident to her mother. On the basis of the information, the mother filed the complaint.