RAJESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.48/2019 with respect to offences punishable under Sections 363, 376, 342 r/w 34 of IPC and Sections 4 and 6 of the POCSO Act, 2012.

(2.) The case that is made out in the complaint filed by the father of the victim on19.03.2019 is that his daughter was missing from 18.03.2019 and he had suspected the petitioner of having kidnapped her. The FIR is lodged and investigation is under progress. It is stated that 164 statement of the victim has been recorded.

(3.) The learned counsel for petitioner contends that there was an element of voluntariness insofar as the relationship between the petitioner and victim and contends that in light of the same, no offence either under Section 376 of IPC or 342 of IPC has been committed.