This petition is filed by the sole accused under

Section 439 of The Code of Criminal Procedure,

1973 (hereinafter referred to as the 8Cr.P.C.9, for

brevity) seeking bail in Crime No.131/2022 of

Harugeri Police Station registered for the offences

punishable under Sections 341, 376(3) of The

Indian Penal Code (hereinafter referred to as the

8IPC9, for brevity), Sections 4 and 6 of Protection

of

Children

from

Sexual

Offence

Act,

2012

(hereinafter referred to as the 8POCSO Act9 for

brevity).

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The case of the prosecution is that, the

victim girl has filed the complaint stating that she

is residing with her family in Handigund Village. It

is further stated that on 07.06.2022 when her

father and mother had been to work, she was

alone at her house at about 2.30 p.m. when she

went to fetch water near

the house of the

petitioner/accused,

at

that

time

the

petitioner/accused came from behind held the

complainant tightly, shut her mouth, took her to

his house and closed the door. At that time she

started hue and cry and the accused threatened

her not to cry or make noise and he is not going to

leave her and thereafter the petitioner/accused

took off her clothes and had sexual intercourse on

her, due to that she fell unconscious. Later at

6.00 p.m. she regained consciousness and she is

screaming and crying, at that time her mother and

neighbours came to the spot and opened the door

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and took her to their house. Thereafter due to

fear she did not disclose the said incident to

anybody

and

after

discussion

they

filed

the

complaint belatedly. The said complaint came to

the registered in Crime No.131/2022 in Harugeri

Police Station for the offences punishable under

Sections 341, 376(3) of IPC and Sections 4 and 6

of POCSO Act. The petitioner/accused came to be

arrested on 15.07.2022 and he is in judicial

custody.

The

petitioner

filed

Criminal

Miscellaneous No.1051/2022 seeking bail and the

same came to be rejected by the Additional District

Judge FTSC-I, Belagavi by order dated 23.08.2022.

Therefore, the petitioner/accused is before this

Court seeking bail.

3.

Heard the arguments of learned counsel

appearing for petitioner and learned High Court

Government Pleader for respondent No.1-State.

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Inspite of service of notice, respondent No.2

remained absent and unrepresented.

4.

The learned counsel for the petitioner

would contend that the alleged incident occurred

on 07.06.2022 and the complaint came to be filed

by the victim girl on 15.07.2022 and there is 38

days delay in filing the complaint and there is no

proper explanation for the delay in complaint. It is

his further submission that the victim girl in her

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

has stated that she immediately went to the Police

Station for filing the complaint. The doctor who

examined the victim girl has noted that her hymen

is intact and there are no injuries over Labia

Majora and Labia Minora. It is his further

submission that the very fact of the hymen being

intact rules out the sexual intercourse by this

petitioner on the victim girl. It is his further

submission that it appears that there is a love

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affair between the petitioner and the victim girl

and to break that affair, parents of the victim girl

have

got

filed

false

complaint

against

the

petitioner. As the charge sheet is filed, the

petitioner

is

not

required

for

custodial

interrogation. With this, he prayed to allow the

petition.

5.

Per

contra,

learned

High

Court

Government Pleader contends that the date of

birth of the victim girl as per her school records is

24.04.2008 and she is aged 15 years as on the

date of alleged offence. The doctor who examined

the victim girl has noted that her dental age is

between 15 to 16 years and skeletal age is more

than 16 years and less than 18 years. The victim

girl in her statement recorded under Section 164

of Cr.P.C. has specifically stated the acts of this

petitioner/accused forcibly taking her to his house

and having forcible sex