MALLIKARJUNASWAMY H.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed by the accused under Section 439 of Cr.P.C. praying to release him on bail in Special CC.No.348/2018, pending on the file of the Additional District and Sessions Judge, Mandya, arising out of Crime No.190/2018 of Nagamangala Rural Police Station for the offences punishable under Sections 366, 354D, 376, 506 of IPC and Sections 6 and 12 of POCSO Act.

(2.) I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.

(3.) The gist of the complaint is that daughter of the complainant used to go to Women Government PU College at Nagamangala. At that time, accused-petitioner used to talk with her and used to tell that he would marry her. Complainant and CW.3 advised the accused-petitioner in that regard. On 1.6.2018 at about 11.00 a.m. victim girl went out of the house by saying that she will get her mobile repaired and till evening she did not turn up. Even in spite of search she could not be traced. Subsequently, somebody called the complainant over phone saying that her daughter, the victim girl was taken along with him and the complainant does not know the person who had called her over phone. On the basis of the same, she filed the complaint. During the course of investigation, the victim was traced and she told that the petitioner came near the victim girl and made her to believe that he is going to marry her and forcibly took her to Bellur Cross. Thereafter, he took her to SLV Lodging and Boarding, where he hired a room. During midnight, the petitioner has sexually assaulted on her and again on 3.6.2018 he sexually assaulted her in the said Lodge. After coming to know that a case has been registered, the victim girl came back and disclosed the fact to the police. On the basis of the statement and further investigation, the charge sheet has been filed.