ORDER

The petitioner has filed this petition under Section

439 of Cr.P.C. seeking regular bail in Channapatana Rural Police Station Cr.No.192/2023 registered in Spl.Case No.141/2023 on the file of I Additional Sessions Judge, Ramanagar, for the offences punishable under Sections 376(2)(n) and 506 of IPC and Section 4(1), 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

2. The brief factual matrix leading to the case are as under:

That the victim girl was studying in Ist P.U. class in Vokkaligara Sarvajanika Pre-University College situated at Mathikere Shettihalli Village in Channapatana Taluka. She was staying in Kasthuriba Hostel, situated at Byrapatna, as it is inconvenient for her to attend the college from her village. On weekends she used to visit her native place, Bananthahalli village. It is further alleged that accused/petitioner herein used to follow her and used to allure her asserting that he is in love with her, but she never responded to his offer. It is alleged that on 18.07.2023, at 9.15 a.m., the victim girl was proceeding to her college and petitioner came there and under guise of talking with her and forcibly took her on his two- wheeler to Kurangere betta and there they had darshana of the diety. It is further alleged that while returning back at about 11.15 a.m. in the morning in the middle of the road at a deserted area, he alluring the victim girl that he is going to marry her, committed penetrative sexual assault on the victim girl twice against her will and then, criminally intimidated by threatening of dire consequences in case if she discloses this to anyone.

3. Since, the victim did not attend the college on that day, the principal enquired the matter with warden, in turn warden reported the matter to respondent No.2. Then respondent No.2 rushed to hostel and there she found that her daughter was in a depressed state of mind. On enquiry, she did not disclose anything and then respondent No.2 took the victim to village along with her. Subsequently, 2 to 3 days later on, the respondent No.2 by taking the victim girl into confidence, enquired with her and victim girl narrated the entire incident and further reported that as she was under shock and fear, she could not inform the matter immediately. Hence, respondent No.2 has set the law in motion by lodging a complaint. On the basis of the complaint, FIR came to be registered and later on, the petitioner was arrested and was subjected to medical examination and later on remanded to custody.

4. Meanwhile, the Investigation Officer after concluding the investigation has submitted the charge sheet. The petitioner has approached the learned Special Judge seeking regular bail and learned Special Judge has rejected the bail petition. Hence, the petitioner is before this Court.

5. Heard the learned counsel for the petitioner and the learned HCGP. The learned counsel for respondent No.2 did not appear before the Court though the proxy counsel appears for him. However, respondent No.2 regularly appeared before the Court and seriously objected for granting the bail. Perused the records.

6. The allegations of the prosecution clearly disclose that victim is a minor. This is evident from her school records as well as medical records. The medical records also disclose that the victim was subjected to penetrative sexual assault. Since victim is a minor, her consent becomes irrelevant. The 164 Cr.P.C. statement of the victim clearly discloses that she was never in love with the petitioner and he enticed her under guise of discussion and took her to a remote area and committed penetrative sexual assault on her. The records further disclose that the petitioner was working as a painter in the newly constructed building, which is situated behind the victim’s house and he came in contact with the victim girl and tried to allure her. The petitioner was aware of the fact that victim was minor. In spite of that, he enticed her and comm