The delay in lodging the complaint, inconsistencies in the victim's statement, and the failure to record her statement under Section 164 of Cr.P.C were crucial in the court's decision to grant bail.

JUDGMENT

N K Sudhindrarao, J. - This matter is taken up through Video Conference today.

2. Learned counsel Sri.Adinarayanappa, for petitioner and Sri.K.Nageshwarappa, learned HCGP for respondent are present.

3. The petition is filed under Section 439 of Cr.P.C. wherein the petitioner seeks grant of bail in respect of Crime No.246/2019 registered by the respondent Police initially for the offence punishable under Section 363 of IPC. However, on completion of investigation, the final report was filed for the offences punishable under Section 376(3) of IPC and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012.

4. Previously, the petitioner had made application before the learned Principal District and Sessions Judge, Bangalore in Spl.Case No.116/2019 under Section 439 of Cr.P.C. and that came to be dismissed on 18.3.2020. Hence, this petition.

5. Copy of the petition is served on learned HCGP for respondent.

6. Heard.

7. The substance of the complaint as could be seen from the records is that the complainant- Chandpasha, is the father of the victim. He has four children and the victim is said to be the first daughter. On 8.12.2019, the complainant and his wife had gone to the house of their relatives and their children were at home including the victim. At about 2.30 p.m. Afrid, the accused, who is the brother of wife of Pheeru Khan, resident of Hindiganahala Village came near the house of the victim in a car and forcibly took the victim. The incident was informed to the complainant by one Soyil. Therefore, the complainant came home and saw that his daughter was not at home. In this connection, the complainant went to Pheeru Khan and enquired. Pheeru Khan replied that he would secure Afrid and the victim girl within 2 days. But despite completion of 3 days, the victim girl was not secured. Therefore, the complainant lodged complaint and it was registered in Crime No.246/2019 for the offence punishable under Section 363 of IPC.

8. Learned counsel for the petitioner would submit that the complaint is lodged only to blackmail the accused. The complaint is lodged on 11.12.2019 i.e., after 3 days from the incident. The petitioner was arrested on 17.12.2019. He further submits that the petitioner is innocent of the offences alleged against him. The petitioner and the victim girl were in love with each other. He has neither kidnapped nor raped the victim girl and it is clear from the reading of the complaint that the complaint is filed due to personal vengeance by the complainant. He would also submit that there was consent from the family for the marriage of the petitioner and the victim girl. The petitioner is in judicial custody due to false implication. Hence, he prays for grant of bail.

9. The learned HCGP submits that the petitioner has no regards and respect for the law. If the petitioner is enlarged on bail, he is likely to threaten to the life of the victim girl. Hence, he is not entitled to be released on bail.

10. As could be seen from the records and submission more particularly the FIR, the incident is stated to have occurred on 8.12.2019. The complaint came to be lodged on 11.12.2019. The very delay of 3 days in lodging the complaint establishes the malafides of the complainant and the police. After the completion of the investigation, the final report came to be filed.

11. In the statement of the victim girl recorded on 17.12.2019 under Section 161 of Cr.P.C., she states that her date of birth is 18.4.2004. She is the elder daughter of the complainant. The accused used to come for drinking tea to a nearby bakery now and then and he used to signal her and try to speak to her. One day he gave his mobile number to her and asked to telephone him. Thereafter, one day, she made a phone call from her mother's mobile to the number given by the accused. The accused introduced that his name his Afrid and he is in love with her. Thereafter, the victim girl also started to love him. When this fact came to the k