The main legal point established is the presumption of innocence, the general rule of granting bail, and the need to balance the rights of the accused with the interests of justice.

JUDGMENT

Shivashankar Amarannavar, J. - This petition is filed by the petitioner-accused No.2 under Section 439 of Cr.P.C. seeking bail in Crime No.77/2020 of Kanakagiri Police Station registered for the offence punishable under Sections 363, 376, 354(A) AND 354(D) OF IPC AND U/S 4, 6, 12 17 AND 18 OF THE POCSO ACT 2012 and U/S 3(i)(r)(s) OF SC/ST (POA) ACT 2015.

2. It is the case of the prosecution that one Ramesh S/o Erappa Talawar R/o Mailapura in Karatagi taluka and Koppal District alleging that he married the elder sister of the victim girl who is aged about 16 years. Victim girl had been brought by her elder brother Yamunappa on 20.06.2020 as such the victim girl was at Mailapur. It is further alleged that on 25.06.2020 when the complainant and his wife were in the house the accused No.1 and the accused No.2-petitioner herein had been to the house of the complainant on the pretext that they are going to marriage at Basapura. When the complainant has enquired the victim girl, the victim girl told that they belong to the village of victim girl. As the complainant has suspected the visiting of the accused No.1 and the accused No.2 and the victim has informed the same to the elder brother of the victim girl and he told the complainant to get her back to his village Neeraluti as such on 27.06.2020 at about 9.30 a.m., the complainant and the victim girl have left the Mallapura village and when they were proceeding towards Kanakagiri at about 10.30 a.m. victim asked to stop the motor bike as she has to attend the nature call as such the complainant has stopped the bike. As the victim girl could not return even after 15-20 minutes, complainant has called the elder brother of the victim girl and informed the same and elder brother Yamanoorappa had been to the place and they have searched in and around the place and one lady has informed that one girl has taken away by one boy. As the complainant and Yamanoorappa could not get the victim girl have filed the complainant against the accused No.1 and petitioner-accused No.2 herein on suspicion. Based on the said complaint, Police registered the case against petitioner Nos.1 and 2 in Crime No.77/2020 of Kanakagiri Police Station for the offence punishable under Section 363 of IPC. Statement of the victim girl was recorded on 04.07.2020. Police have arrested the petitioner and he filed bail application before Addl. District and Sessions Judge, FTSC-1 at Koppal and the same came to be rejected by order dated 12.08.2020. Therefore, the petitioner-accused No.2 is before this Court seeking bail.

3. Heard the learned counsel for the petitioner-accused No.2 and learned HCGP for respondent-State.

4. It is the submission of the learned counsel for the petitioner-accused No.2 that the incident has taken place on 27.06.2020 at 9.30 a.m. and the complaint came to be filed on 28.06.2020 at 8.30. p.m. and there is a delay in filing the complaint. It is his further submission that the statement of the victim girl has been recorded by the Police under 161 of Cr.P.C. and by Judicial Magistrate under Section 164 of Cr.P.C. and there are inconsistencies in the said statements. It is his further submission that there is no allegation of sexual assault by the accused No.2 and only the accused No.1 has sexually assaulted the victim girl. It is his further submission that victim girl has voluntarily gone with the accused No.1. It is his further submission that there is a delay in recording the statement of the victim girl under Section 164 of Cr.P.C. It is his further submission that allegation made against accused No.2 petitioner here in is that he abetted and instigated the accused No.1 to kidnap the victim girl and sexually assault her . It is his further submission that offences alleged against the petitioner herein are not punishable with death or imprisonment for the life. With this he prays to allow the petition.

5. Per contra, the learned HCGP submitted that victim girl is aged 16 years and her date