RAMU Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) This criminal petition is filed by the petitioner under section 439 of the Code of Criminal Procedure, 1973 in connection with Harugeri P.S. in Crime No.157 of 2018 for the offence punishable under Section 363 of IPC and subsequently Section 366A of IPC was added. Since from the date of his arrest, the petitioner is in judicial custody. Therefore, the learned counsel For the Petitioner is praying for enlargement of the petitioner on regular bail.

(2.) Heard the learned counsel For the Petitioner-accused and the learned HCGP For the Respondent - State.

(3.) The brief facts of the prosecution case are that on filing of the complaint by the complainant, a case came to be registered for the aforesaid alleged offences and thereafter, the investigation was conducted by the Investigation Officer. The allegations made in the FIR recorded by the Police reveals that on 02.06.2018 at 3:00 a.m., the daughter of the complainant namely Laxmi, who was a minor was found to be missing. On search by the complainant, her daughter was not traced. Therefore, she filed a complaint before the Police. Based upon the said complaint, a case in Crime No.157 of 2018 came to be registered for the offence punishable under Section 363 of IPC against the accused and subsequently the Police added Section 366A of IPC. Further, the Harugeri Police submitted Remand Yadi against the petitioner alleging the offence punishable under Section 366A of IPC and the certified copy of the Remand Yadi is produced as Annexure-B. On 07.06.2018 at 14:15 hours the said victim was secured for medical test before the CMO, Raibag by the CHC-2452 and MPC-405, but the very victim was refused to undergo the said medical test and thereafter, her statement under section 164 of Cr.P.C., 1973 was recorded before the I Additional Civil Judge and JMFC, Raibag. In her statement, she has stated that she was in love with the petitioner and her parents were in search of alliance for her, unwillingly to marry anyone else, she persuaded the petitioner to take her away and marry her. Accordingly, she herself and petitioner left the house on 02.06.2018 in the early morning walked up to Mugalkhod Cross, reached Raibag Railway station and went to Belagavi by train. The accused left her in the house of his relative Renuka Nadukeri in Hidkal village. The said Renuka Nadukeri informed the parents of the victim girl stating that her marriage to be performed with the said Ramu. Nothing has been stated in her statement said to be recorded by the I Additional Civil Judge and JMFC, Raibag relating to the accused in committing the offence as well as sexual assault on her. Accordingly, on filing of the complaint, a case came to be registered for the alleged offences and the FIR was recorded by the Police.