SHRI SHRIDAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner under section 439 of the Code of Criminal Procedure, 1973 in connection with Khadebazar P.S. Crime No.100 of 2018 for offences punishable under Sections 363 and 376 of the Indian Penal Code, 1860 besides Sections 4 and 8 of the POCSO Act, 2012. 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 and the learned HCGP for the respondent.

(3.) The brief facts of the prosecution case are that the complainant filed a private complaint No.3 of 2018 alleging that his daughter Asmita Rajendra Deshmukh had filed the complaint against the petitioner herein and the case is pending before the III Addl. District and Sessions Court, Belagavi in S.C.No.262 of 2016. It is further alleged that the petitioner induced the daughter of the complainant i.e., victim girl on the pretext of marrying her and so also he had given mobile phone to her and he used to call her to meet him. On 26.02.2018 their case was listed for hearing before the Court. On that day at about 8:00 a.m. he kidnapped the victim girl and told her to bring household articles and half tola gold finger ring. The complainant searched her everywhere, but he could not trace her. It is further alleged that the accused kidnapped the victim girl and kept in a Rex lodge infront of Niyaz Office, Belagavi under wrongful confinement and made sexual intercourse with her knowing fully well that she is minor. Thereafter, she was found in her friend Tejaswini Bongale's house in the afternoon. Accordingly, a case came to be lodged in Khade Bazar P.S. Crime No.100 of 2018 against the petitioner for the aforesaid offences.