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.85/2021

registered by the Aigali Police Station, for the offence punishable

under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860

(hereinafter referred to as 8IPC9 for brevity) and under Sections 4

and 6 of the Protection of Children from Sexual Offences Act, 2012

(hereinafter referred to as 8POCSO Act9, for short) and Section 67

and 67(b) of Information Technology Act, 2000.

2.

Heard the arguments of the learned counsel appearing

for the petitioner and the learned High Court Government Pleader

for the respondent/State.

3.

The case of the prosecution is that, one Laxmana

Mahadev Mudalagi-respondent No.2, has filed complaint before the

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police on 28.12.2021 alleging that, his daughter-victim girl is aged

about 17 years. That on 27.12.2021 at 7:00pm his nephew-

Chetana Nagappa and relative Ravi Bhairappa came and informed

that, obscene photographs of his daughter along with the

accused/petitioner is posted on the WhatsApp and many people

have witnessed the same. Therefore, he went to the house and

asked the victim girl where she has revealed that about a year

back, the accused took her to a lonely place in a sugarcane field

and committed forcible rape on her and took obscene photographs.

Thereafter, the accused always threatened her to come along with

him or otherwise, he would web host the photographs. Thereafter,

for 2 to 3 times, she had gone along with the petitioner and again,

on 23.12.2021, the accused came and asked her to come along

with him for sexual intercourse. When she refused, the petitioner

has threatened her that he would web host the obscene

photographs and later he web hosted the obscene photographs.

Considering the gravity of the offence by the family members,

complaint came to be lodged on 28.12.2021. The police arrested

the petitioner on 31.12.2021 and remanded to judicial custody.

The police investigated the matter and filed charge sheet. His bail

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petition came to be rejected by the learned Sessions Judge. Hence,

he is before this court.

4.

Learned counsel for the petitioner contended that, the

petitioner is innocent of the alleged offence. On looking to the

compliant and the statement of the victim girl, it appears both are

in love with each other for last one year. The victim went along

with the accused not only at the first instance but was continuously

going for last one year which shows that she is a consenting party

and she has not disclosed to anybody and her age according to the

medical records is 18 years and she is having worldly knowledge.

Even the photographs available in the WhatsApp is not that off the

porn photographs but are only the photographs of the accused and

the victim girl. Investigation is completed long back. The petitioner

is in custody for almost six months. He is ready to abide any

condition. Hence, prayed for granting bail.

5.

Per contra, learned High Court Government Pleader

seriously objected the petition and contended that the accused not

only committed rape on the victim girl but continuously harassed

her by threatening that he would web host the porn photographs in

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social media if she does not come. Therefore, due to fear, the

victim went along with the accused and when she reused to go

along with the accused, the petitioner has web hosted porn videos

as well as the photos. Hence, prima facie material is placed on

record to show that the accused has committed heinous offence and

sexually harassed the victim girl. Hence, prayed for dismissal of the

petition.

6.

Having heard the learned counsel for the parties,

perused the records.

7.

The records reveal, admittedly, the victim has not

disclosed the offence committed by the accused on her but it came

to light only when the nephew and a relative of the complainant

came to the complainant on 27.12.2021 and in