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2017 Supreme(Kar) 611

B.A.PATIL
Ramesh – Appellant
Versus
State of Karnataka, Represented by State Public Prosecutor, Through Yadrami Police Station, Kalaburagi – Respondent


Advocates Appeared:
For the Petitioner:Mahantesh H. Desai, Advocate.
For the Respondent: Prakash Yeli, Addl. SPP.

JUDGMENT :

1. This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking regular bail in Crime No.206/2016 of Yedrami Police Station (Special Case POCSO No.5/2017 pending on the file of II Addl. District and Sessions Judge, Kalaburagi), registered for the offences punishable under Sections 366(A), 376(2)(n), 109 R/w Section 34 of IPC and also Sections 4 and 6 of the Protection of Children from Sexual Offences Act.

2. Brief facts leading to filing of the complaint are that, the victim is the eldest daughter of the complainant, who is pursuing her studies in 10th standard in the Urdu School at Jewargi. It is further alleged that, the complainant’s daughter used to complain about the petitioner stating that, he is always behind her, stating that, he loves her and wants to marry her. In this context, he has been advised by the complainant and he did not change his behavior. It is further alleged that on 02.11.2016, the victim left the house at about 10.30 a.m. by stating that, she will go to her school and even after 6.00 p.m. she did not return to the house. The family members searched for the victim girl, but they did not trace her. As such, the complai












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