The appellant/accused No.4 has filed this appeal

seeking setting aside of the order dated 30.08.2022,

passed

in

Crl.Misc.No.591/2022,

by

the

learned

Addl.Sessions

Judge

&

Fast

Track

Special

Court-1

(POCSO), Chikkaballapura, (for brevity referred to as

`Sessions Judge's Court'), wherein the bail petition filed

by the appellant/accused No.4 sought in respect of Crime

No.157/2022

of

Bagepalli

Police

Station,

which

is

registered for the offences punishable under Sections

376(3), 506 of Indian Penal Code, 1860, and Sections 4,

6, 8, 12 and 14 of Protection of Children from Sexual

Offences Act, 2012 (POCSO Act) and Section 67(B) of

Information Technology Act, 2000 and Sections 3(1)(w),

3(2)(v) of Scheduled Castes and Scheduled Tribes

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(Prevention of Atrocities) Amendment Act, 2015, came to

be rejected.

2. Heard the learned counsel for the appellant and

the learned HCGP for respondent No.1 - State. The

respondent No.2 inspite of service of notice, has remained

absent and remains unrepresented.

3. The case of the prosecution is that, respondent

No.2 - Child Development Project Officer, Bagepalli Town,

has filed a complaint stating that she has recorded the

statement of the victim girl, wherein the victim has stated

that, on 11.04.2022, she travelled from Hongasandra to

Bagepalli and wrote Science SSLC exam and returned at

about 2.30 p.m. to Bagepalli bus stand. At that time,

accused No.1-Narayanaswamy made a phone call to her

and she told him that she is in bus stand. At that time,

accused No.1 - Narayanaswamy and accused No.2-

Manjunath picked her on two wheeler, wherein the

accused No.2-Manjunath drove the vehicle and accused

- 4 -

No.1-Narayanaswamy

sat

in-between

accused

No.2-

Manjunath and victim girl and went to Akkammagari

Temple, on the top of the hill at Pathabageppali village and

thereafter, accused No.2-Manjunath came down and after

some time, he made a call to accused No.1 stating that his

vehicle is broke down and he has to repair it. Thereafter,

Narayanaswamy went again to the victim at about 3.30

p.m. When accused No.1-Narayanaswamy was having a

sexual intercourse with the victim, at that time, friends of

accused No.2 viz., Raju-accused No.3 and Suresh-accused

No.4, came there. At that time, accused No.1 -

Narayanaswamy got up and wore his clothes and accused

No.3 took photos and videos of the victim when she is in

the naked state and also asked her to come with them

and they will also look after her and told her that they will

also do what accused No.1 Narayanaswamy did to her. At

that time, accused No.4 Suresh threatened her telling that

if she did not cooperate, they will upload her naked photos

and videos on WhatsApp and YouTube. At that time,

accused No.2-Manjunath also came there and told her to

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cooperate to three of them and at that time, accused

No.1-Narayaswamy scolded them and accused No.3

touched her thighs and at that time, Narayanaswamy went

and called the village people, who came and scolded them

and brought the victim to Pathabagepalli village and

thereafter, the victim was brought to Women Police

Station.

The said complaint came to be registered in Crime

No.157/2022 of Bagepalli Police Station for the offences

punishable under Sections 376(3), 506 of IPC and

Sections 4, 6, 8, 12 and 14 of POCSO Act.

The

Investigating

Officer

after

completing

the

investigation, filed the charge sheet against accused Nos.1

to 4 for the offences punishable under Sections 376(3),

506 of IPC and Sections 4, 6, 8, 12 and 14 of POCSO Act

and Section 67(B) of Information Technology Act, 2000

and Sections 3(1)(w), 3(2)(v) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

- 6 -

4. The appellant/accused No.4 came to be arrested

on 11.04.2022 and he is in judicial custody. The appellant

filed Crl.Misc.No.591/2022, seeking bail and the same

came to be rejected by the learned Sessions Judge by the

order dated 30.08.2022. The said order is challenged in

the instant app