MADHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.No.8102/2018 is filed by accused No.1 and Crl.P.No.9461/2018 is filed by accused No.2 under Section 439 of Code of Criminal Procedure (hereinafter referred to as the ' Cr.P.C .' for short) to release them on bail in Crime No.24/2018 of Doddaballapura Rural Police Station for the offences punishable under Sections 376 , 366(A) of Indian Penal Code (hereinafter referred to as the ' I.P.C .' for short) and also under Section 4 of the Protection of Children from Sexual Offences Act, 2012.

(2.) I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.

(3.) The gist of the complaint is that, the complainant-minor girl was going to the school and at that time, petitioner-accused No.1 used to talk and follow her and the same was informed to her parents and he has been properly advised. In spite of that, he used to follow her. It is further alleged that, on 20.01.2018 at about 10.00 p.m., when the complainant was standing in front of her house, the petitioner- accused No.1 came and forcibly took her in a pulsar motor cycle to a eucalyptus trees plantation and there she has been sexually assaulted and due to fear when she told she want to go back to her house, accused No.1 brought her near the temple in the village and left her there. By that time, her parents were searching for her. After going home, she informed the said fact and on the next date she went to the police station for giving complaint in this behalf.