KARTHIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is accused No.2 is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.75/2019 for the offence punishable under Section 376 read with Section 34 of IPC and Sections 4 and 6 of POCSO Act.

(2.) It is the case of the prosecution that the victim girl was acquainted with one Manjula and was used to go her house frequently. It is stated that victim's sister was in love with accused No.1 and on 23.04.2019 as there was birthday party in the house of Manjula, the victim girl had gone to the house of Manjula and after birthday, i.e. on 24.04.2019 she took Kruthika to her house in order to drop her to her house both of them got down from bus at about 12.30 p.m. and when they were walking by the side of the road accused No.1 is stated to have come in a car and took her inside the car stating that he would drop her. It is stated that accused No.1 had given a juice bottle and on drinking it the victim fell unconscious and regained conscious on 27.04.2019 in the house of Manjula. On questioning Manjula, she has told that accused No.1 Sandeepa had dropped Kruthika to her house and when questioned about the victim he has stated that he had dropped her at home at about 9.00 p.m. It is alleged that accused No.1 had committed sexual assault on the victim girl when she was unconscious and on the basis of such complaint, the FIR came to be registered.

(3.) The investigation is still not complete, however learned Government Pleader states that portion of the investigation is over and the voluntary statement of accused No.2 as well as voluntary statement of accused No.1 has been recorded.