M PRASHANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.218/2018 of Bethamangala Police Station for the offences punishable under Sections 305, 354(A) and (D) of Indian Penal Code (for short 'IPC') and also under Section 12 of POCSO Act.

(2.) I have heard the learned counsel for petitioner/accused and the learned High Court Government Pleader for respondent-State. Notice is also served on the complainant but he has remained absent.

(3.) Gist of the complaint is that the daughter of complainant was studying in II PUC at Sundarapalya Government Pre-University College. On 12.06.2018 when she took food she felt tired and at about 3:30 a.m. she got vomited, thereafter she was taken to KGF hospital. From there, she was shifted to Jalappa hospital, Kolar and on 22.06.2018 she died in the hospital. It is alleged in the complaint that the petitioner/accused was a Trainee in Bethamangala ITI college. He used to contact his daughter deceased Pallavi over the phone and also used to filthy language and was posing threats by stating that if she refused to talk and love him, her photos will be web hosted in a face book and what's up and because of the ill treatment and harassment, out of fear she consumed the poison on the intervening night of 12.06.2018 and 13.06.2018 and because of the said, she died in the hospital. On the basis of the complaint, a case has been registered.