(1.) The present petition has been filed by the petitioner-accused No.2 under section 439 of Cr.P.C , 1973to release the petitioner-accused on bail in Crime No.101/2017 of Manipal Police Station, Udupi for the offence punishable under Section 376D of IPC and also under sections 5(G), 5(i) of Protection of Children from Sexual Offences Act, 2012.
(2.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader.
(3.) The gist of the complaint is that on 29.06.2017 at about 10:00 a.m., accused Nos.1 and 2 together took the victim to a cinema theatre and later they took the victim to the lodge at Manipal and there they had sexually assaulted her and on the next day, she left the room without informing them and went to her house and disclosed the alleged incident to her mother. On the basis of the same, mother lodged a complaint and a case was registered.