E. ADHINARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Special Case No. 242/2016 for the offences punishable under Section 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

(2.) Notice to the complainant has been served. The case of the prosecution is that a complaint was lodged by one Shashikala stating that her daughter, aged about 3 years 8 months went near the house of the petitioner on 08.10.2016 and when victim was playing in front of the house of the petitioner, he took her to his house and is stated to have committed the offence. On the basis of the complaint, investigation was concluded and charge sheet has been filed under Section 376 of IPC read with Section 4 of the POCSO Act.

(3.) Learned counsel for the petitioner states that the Sessions Court has rejected the application observing that this Court had directed on an earlier occasion to consider the bail application after recording of evidence of material witnesses, that the material witnesses are stated to have supported the case of the prosecution and that the medical report filed was also in support of the case of the prosecution, accordingly, the application came to be dismissed.