The petitioner is before this Court seeking grant of

bail under Section 439 of Cr.P.C. in Crime No.46/2022 of

Shivamogga Police Station, pending in Spl.C.No.543/2022

on the file of the Addl. District and Sessions Judge-FTSC-

1, Shivamogga, registered for the offences punishable

under Sections 354(4), 354(D), 376(2)(n), 509 of the

Indian Penal Code (for short 'IPC') and Sections, 6,

10,12,14,15 of Protection of Children from Sexual Offences

Act, 2012 (for short 'POCSO Act') and Section 67, 67(A),

67(B) of Information Technology Act, on the basis of the

first information lodged by the informant- Kum. Gayathri.

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2.

Heard Sri. Anjan Kumar B N, learned Counsel

for the petitioner and Sri. K.Rahul Rai, learned High Court

Government Pleader for the respondent -State. Perused

the materials on record.

3.

Learned Counsel for the petitioner submitted

that the petitioner is the sole accused. He is innocent and

has not committed any offences as alleged. He has been

falsely implicated in the matter without any basis. There

is inordinate delay in lodging the complaint by the victim

girl. She has almost attained the age of 18 years and was

having worldly knowledge.

4.

Learned counsel further submitted that the

investigation is almost completed. The petitioner and the

victim girl were in intimate relationship. The victim girl

voluntarily accepted the photos taken by the petitioner

and the petitioner is willing to marry the victim girl. Since

the charge sheet has already been filed, detention of the

petitioner

in

custody

would

amount

to

pre-trial

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punishment. He is the permanent resident of the address

mentioned in the cause title to the petition and is ready

and willing to abide by any of the conditions that would be

imposed by this Court. Hence, he prays to allow the

petition.

5.

Per contra, learned High Court Government

Pleader opposing the petition submitted that serious

allegations are made against the petitioner for having

committed the offences. The victim girl is a minor aged

17 years. Petitioner took advantage of her innoncence

and induced her to make video call and insisted her to be

nude and took her photos. By showing such obscene

photos, he compelled her to have sexual intercourse.

Even the obscene photos were distributed to the mother of

the victim girl and friends of her father thereby he was

blackmailing the victim girl and her family members. After

detail investigation, the charge sheet is filed. The

statement of the victim under Section 164 of Cr.P.C. is

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also recorded by the learned Magistrate wherein, she fully

supported the case of prosecution. Looking into the

nature of offence committed by the petitioner, he is not

entitled for grant of bail. Hence, he prays for dismissal of

the petition.

6.

In view of the rival contentions urged by the

learned counsel for both the parties, the point that would

arise for my consideration is:

“Whether the petitioner is entitled

for grant of bail under Section 439 of

Cr.P.C.?”

My answer to the above point is in ‘Negative’ for the

following:

R E A S O N S

7.

The allegation made against the petitioner is of

serious nature. Admittedly, the victim girl was a minor.

The victim girl has lodged the first information making

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serious

allegations

against

the

petitioner.

During

lockdown due to Covid-19, the victim girl was attending

online classes and the petitioner who is aged about 30

years induced her to be nude and make a video call. The

petitioner took the screen shots of her nude photos and

started blackmailing the victim girl to co-operate with him

in the act of sexual intercourse. Accordingly, he

committed the said act repeatedly on victim girl and even

the obscene photos were distributed to the mother of the

victim girl and friends of her father thereby he was

blackmailing the victim girl and her family members. The

victim girl reiterated her allegations against the petitioner

in her statement recorded under Section 164 of Cr.P.C.