Criminal petition No.101111/2022 is filed by accused No.2

and Criminal Petition No.101187/2022 is filed by accused Nos.3 and

4 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.29/2022 registered by the Lokapur Police Station, Mudhol

Circle, Bagalkot district, for an offence under Section 363 of the

Indian Penal Code, 1860 (hereinafter referred to as 8IPC9 for

brevity) and also filed charge sheet for the offences punishable

under Sections 363, 366, 366A, 506(2), 342, 354A, 376DA read

with Section 34 and Sections 4, 6, 8, 12 and 17 of Protection of

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

8POCSO Act9 for brevity).

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2.

Heard the arguments of the learned counsel for the

petitioners/accused Nos.2 to 4 and the learned High Court

Government Pleader for the respondent No.1/State and the learned

counsels appearing for the respondent No.2/complainant in both

the cases.

3.

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

the father of the minor victim girl, Yallappa, a complaint is

registered by the Police on 11.03.2012 alleging that he is having 7

children and the 2^nd daughter is the victim girl, aged about 14 years

7 months and she along with his another younger daughter went to

school on 11.03.2022 and at about 5:00pm on the same day, he

received a phone call from Hanamant Bavalatti that his daughter-

the victim girl was taken by some persons in a car. Therefore, he

tried to search the victim girl, but could not find. Hence, he filed a

missing complaint. The Police, initially, registered kidnapping case

under Section 363 of IPC against unknown persons. Subsequently,

it is alleged that, on 13.03.2022, the police apprehended accused

Nos.2 to 4 on suspicion and on inquiry, they came to know that

these accused were involved in abduction of the minor girl and left

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her

in

a

rented

house

of

accused

No.1

on 11.03.2022.

Subsequently, the police went along with accused Nos.2 to 4 to the

place where victim was lodged but accused No.1 was not found.

Thereafter, the victim was rescued and the statement of the victim

was recorded by the police and her further statement was also

recorded. Subsequently, accused No.1 was also arrested. They

were remanded to judicial custody. Their bail petitions came to be

rejected by the learned Sessions Judge. Hence, they are before the

Court.

4.

Learned counsel appearing for the petitioner/accused

No.2 has contended that the petitioner is innocent of the alleged

offence. He has been falsely implicated and he was not in a

position to accompany the other accused as he had met with an

accident on 31.12.2021 and he is under continuous treatment.

Even otherwise, on merits, there is no material to show that this

petitioner has committed the offence of rape and in the statement

of the victim recorded, she has given a stereo type statement

before the trial Court and also no proper statement is made before

the Magistrate to connect the petitioner with the offence of

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committing rape on the victim girl. Investigation is already

completed. Charge-sheet is filed. Therefore, prayed for granting

bail both on the merit as well on the medical ground.

5.

Learned

counsel

for

accused

No.3

vehemently

contended that the victim herself has given statement to the police

at an earlier point of time that, she has not stated about

commission of rape and subsequently, the police once again

recorded the statement of the victim, where, again she has not

stated anything about the commission of rape and thereafter 3^rd

statement of the victim was recorded on 5.4.2022 wherein she has

stated that accused No.1 committed rape. Further, she has stated

that, after accused No.1 committed the offence, her eyes were

closed by a cloth and for 3 times rape was committed on her.

Therefore, it is contended that this petitioner has not committed

rape on the victim. Even otherwise, there are no injuries found on

t