PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner-accused u/S 439 of Cr.P.C. seeking to enlarge him on regular bail in Sirsi Rural Police Station Crime No. 86/2019 alleging offences punishable u/S 354A, 354D and 5006 of IPC, besides Sec. 8 and 12 of the POCSO Act. The accused is in judicial custody since from the date of his arrest and therefore the learned counsel is praying for enlarging him on regular bail among the grounds urged therein.

(2.) The factual matrix of this petition are as under: The complainant has filed a complaint before the respondent Police alleging that she being a student in MES PU College at Sirsi studying in First PUC, staying in a Paying Guest House, she use to proceed to her native place on week end days. Accordingly, on 27.07.2019 when the complainant, said to be the victim, was going back to her native village, namely, Neggu, and after reaching Goli cross, that she alighted from the bus at around 3.30 p.m. Subsequently, the complainant was proceeding by walk through Goli-Tuduguni road. At that time, the petitioner being arraigned as an accused came on his motorcycle bearing no. KA-31-Y-0569 and was steering her in bad eyes and went inside the plantation farm. Later, he came from her back side and caught hold her and also pulling and pushing her, in the meanwhile, the complainant-victim raised her voice and made hue and cry for holding her. At that time, the accused threatened her to face dire consequences if she raise her voice. At that time, one Nagaraj Devaru Gowda came on his motorcycle and upon seeing him the accused took heel from the spot towards forest area. Subsequently, the father of the complainant came there and took the victim to the house where she narrated the incident which alleged to have been committed by the accused. Later complaint came to be lodged before the respondent-Police. Based upon the complaint, crime came to be registered and thereafter proceeded with the case for investigation.

(3.) Whereas the learned counsel for the petitioner-accused who has taken me through the ingredients of the offences which are leveled against the accused in Crime No. 86/2019 and contends that no ingredients of the offences alleged against the accused are constituted specifically that the accused had committed the alleged offences. Moreover, the accused is in judicial custody since from the date of his arrest. The theory set up in the complaint filed by the complainant is only to register the crime and also to give harassment to the accused.