GANAPATHY M.T. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C., to enlarge him on bail in Crime No.87/2018 of Virajpet Town Police Station, Kodagu for the offences punishable under Section 354(A) of IPC and also under Section 10 of POCSO Act.

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

(3.) The genesis of the complaint are that the victim and her mother were residing along with the accused, who is none other than uncle of the victim for couple of years. The parents of the victim died due to ill-health and as such they were residing with the accused. On 29.07.2018, the complainant received a call from the accused that both the victim and her grandmother have left the house along with their clothes and on 30.07.2018, a missing complaint was registered. On the basis of the missing complaint, the police traced the victim and her grandmother and brought them on 05.08.2018. On 06.08.2018, the victim revealed that she was not comfortable under the roof of the accused and as such, she left the house along with her grandmother. On 07.08.2018, the victim further revealed that from past two months, her grandmother was not keeping well and her grandmother used to sleep in one room and the accused used to sleep in the hall. When grandmother of the victim was sleeping, accused used to come to the room of the victim, used to forcibly hug and kiss her and as such, the victim used to come out of the house at night and by locking the door from outside used to spend whole night there.