LAXMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking to enlarge him on bail in SC No.443/2018 pending on the file of III- Additional District and Sessions Judge and Special Court under POCSO Act, Belagavi, arising out of Crime No.223/2018 of Ramadurga Police Station, registered for the offences punishable under Sections 366-A and 376(2) , (N) of the Indian Penal Code (hereinafter referred to as " IPC " for short) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the "POCSO Act" for short).

(2.) I have heard the learned counsel for petitioner/accused and the learned High Court Government Pleader for respondent/state.

(3.) The gist of the complaint is that the complainant is residing with his family in Kalmad village and his second daughter, who is victim in this case, was studying PUC at Government P.U. College, Ramadurga. About two months prior to the alleged incident, the accused used to tease her and he was advised in this regard. That, on 05.10.2018, the complainant went to Wali Company for his work and his wife and victim went to field. When they were working in the field, the victim told her mother that she is having stomach pain and she want to go to house and went to the house. Subsequently, at about 2.15 p.m., the wife of the complainant was informed over a phone that the victim is not there in the house. The complainant and his wife searched for their daughter/victim, but failed to trace out and they filed a missing complaint. Subsequently, during the course of investigation, the accused and victim were found in Mangalore. They came to know that the victim and accused were staying together in Mangalore. On examination of the victim, it came to the knowledge of the complainant that she was sexually harassed by the accused, when she was staying with him in Mangalore. In this regard a complaint came to be filed. On the basis of the complaint, a case has been registered and after investigation a charge-sheet has been filed.