This petition is filed by the petitioner/accused under Section

439 of the Code of Criminal Procedure, 1973 (hereinafter referred

to as 8Cr.P.C.9 for brevity) for granting bail in Crime No.31/2022

registered by the Mudalagi Police for offence under Section 363 r/w

Section 34 of the Indian Penal Code, 1860 (hereinafter referred to

as 8IPC9 for brevity) and Section 8, 11(4) and 12 of the Protection of

Children from Sexual Offences Act, 2012(hereinafter referred to as

8POCSO Act9, for brevity). After arrest of the petitioner, Sections

376N, 506 of IPC and Sections 4 and 6 of POCO Act were added.

2.

Heard the arguments of the learned counsel for the

petitioner and the learned High Court Government Pleader for the

respondent/State.

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Respondent No.2 is served and unrepresented.

3.

The case of the prosecution is that, on the complaint of

respondent No.2-mother of the victim, the police registered a case

against accused Nos.1 and 2 on 16.02.2022 for an offence under

Section 363 of IPC. It is alleged in the complaint that, her

daughter-victim is studying in her(complainant9s) native place from

the beginning and now she is studying in 9^th standard and due to

COVID her daughter had come to Duradundi and was residing with

the complainant. During the victim9s stay in their house, the

petitoner used to follow her and was insisting the victim to love

him. After they coming know of the fact, the petitioner was warned

by the elders in the village. Her daughter was sent back to

Naganur

village.

The

petitioner

did

not

mend

his

way.

Subsequently, on 12.02.2022 at about 11:00pm the complainant

received information from her brother-Dundappa that the victim left

to a shop at 9:30pm and did not return. They tried to search her

but could not trace her. Subsequently, they came to know from

one Praveen Basavaraj Yadravi that accused No.1 took the victim

girl on his motorcycle towards Gurlapur. After registering the case,

4

the police apprehended accused No.1 and the victim girl on

17.02.2022. He has been subjected to medical examination and

was remanded to judicial custody. His bail petition came to be

rejected by the Sessions Judge. Hence, he is before this Court.

4.

Learned counsel for the petitioner contended that the

petitioner is innocent of the alleged offences and as per the

statement of the victim, the parents of the victim were trying to

perform the marriage of the victim, therefore, she was not

interested in marriage and asked the petitioner to take her to some

other place. The medical examination report also shows hymen is

intact. The statement of the victim does not reveal any act of

sexual intercourse. He is custody for more than 3 months. Charge

sheet is filed. Hence, prayed for granting bail.

5.

Learned High Court Government Pleader for the

respondent No.1/State seriously objected the bail petition and

contended that the victim in her 164 Cr.P.C. statement has stated

about sexual assault on her and that the Doctor has also opined

sexual assault on the victim girl took place. Hence, prayed for

dismissal of the petition.

5

6.

Having heard the learned counsel for the parties,

perused the records.

7.

On perusal of the same, it is not in dispute that a

missing complaint was filed by the complainant-respondent No.1

against accused Nos.1 and 2 for an offence under Section 363 of

IPC. After apprehension of the accused on 17.02.2022, the police

added Sections 8, 11 and 12 of the POCSO Act but not Sections 4

and 6 of POCSO Act. Notice was also issued to the victim girl and

subjected for medical examination and the doctor has collected

blood stains, pubic hairs and vaginal swab and sent for FSL. FSL

report is received and based on the FSL report, the Doctor has

opined that, 8the victim is highly unlikely that sexual intercourse

has taken place9 whereas FSL report dated 11.03.2022 where

undergarment of the victim, pubic hair, vaginal swab and that of

the accused were all collected and sent for FSL, shows that blood

stains