NANDEESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned State Public Prosecutor II.

(2.) Petitioner is accused No.2 in Crime No.85/2015 on the file of the respondent police station. The offences alleged against him are punishable under Sections 366(A), 376(2), 342 and 506 read with Section 34 of IPC and Sections 4 and 6 of POCSO Act, 2012 and Sections 3(i)(xii) of SC/ST (Prevention of Atrocities) Act.

(3.) The substance of the complaint as reflected in the certified copy of the order in Special Case No.92/2015 on the file of the learned Additional Sessions and Special Judge, Hassan is that on 17.03.2015 at 5.00 p.m. the victim child was proceeding on her way near the residence of Masanadamma at Magge Village accused Nos.1 and 2 knowing fully well that victim belong to scheduled caste community kidnapped her on a motorcycle bearing registration No.KA 46 J 1687 and took her to a garden of CW.17 and committed rape on her and also wrongfully confined her for seven days and threatened her to do away with her life. In this connection he was arrested and was remanded to judicial custody. Later he was released by virtue of the orders of this court in Crl.Pl.No.5724/2015 dated 15.09.2015 and he was attending the Court except on 01.08.2018 because of which non bailable warrant was issued and he was remanded to judicial custody. After the same was executed. The Additional Sessions and Special Judge at Hassan rejected the bail application.