DARSHAN.G.R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking to release him on regular bail in Crime No.677/2017 of Peenya Police Station, Bengaluru City registered for the offences punishable under Sections 448 and 376 read with 34 of IPC and under Sections 4, 6 and 8 of POCSO Act, 2012.

(2.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.

(3.) The gist of the complaint is that the mother of the victim got married and subsequently her husband was addicted to alcohol. She left him and thereafter she started leaving at Bengaluru, later she got married to one Arun Disoja and her daughter was also residing along with them. On 27.10.2017, complainant and her husband went out to work and her daughter/victim girl who was aged about 14 years was in the house. When the complainant returned to home, she found that victim girl was crying and on enquiry, victim girl revealed that when she was alone in the house, neighbouring persons by name Darshan and a person who is working in Garriage by name Nagaraju that they used to laugh at her and when she heard sound, she came out and at that time the said Nagaraju tried to hug her then she abused him and sent him and closed the door. Thereafter she heard knocking sound of the door and when she opened the door then the accused/petitioner trespassed into the house of the victim girl and hugged her and closed her mouth to prevent her from shouting and she requested the accused/petitioner to leave her, but instead of leaving her, the accused/petitioner took her to the cot and pushed her on the cot and committed penetrative sexual assault on the victim girl. On the basis of the complaint a case has been registered.