AJAY Vs. STATE BY HEBBAGODI P.S

JUDGEMENT

(1.) The present petition has been filed by the petitioner-accused under Section 439 of Cr.P.C to release him on regular bail in Crime No.302/2018 (SPL.C.NO.360/2018) pending on the file of II Additional District and Sessions Judge, Bengaluru Rural District for the offences punishable under Sections 417, 420, 376(N) and 506 of IPC read with Sections 5 and 6 of Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short) and Section 3(2) (5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('SC and ST Act' for short).

(2.) I have heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent-State. Though notice has been served on the complainant, she remained absent.

(3.) The gist of the complaint is that on 26.05.2018 at about 10.00 a.m., the victim girl by telling that she wants to go to college, left home. Thereafter, she did not return and on the basis of the said facts, a missing complaint was filed. Subsequently, she was traced and it is revealed that the accused, who used to visit her house along with her brother on 13.08.2017, saw that the victim girl was alone and he called her over phone by saying that they can go to temple and thereafter he took her to his house and there he sexually assaulted her by telling that he is going to marry her and loving her very much. He has also threatened her that he is going kill her, if the said fact is disclosed to her family members and thereafter again four to five times he has sexually assaulted the victim girl. It is further contended in the complaint that after two months, the victim girl came to know that she has become pregnant and the same fact was informed to the accused-petitioner, at that time accused told that she belongs to lambani caste and informed her to go and get it aborted otherwise, he is going to kill her and thereafter the victim girl went and filed a complaint.