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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.4998/2021

BETWEEN:

NAVEEN KUMAR S @ NAVEEN

S/O SIDDARAJU

AGED ABOUT 24 YEARS

R/O BEHIND BELAKAWADI POLICE STATION

3RD CROSS, BELAKAWADI

MALAVALLI TALUK

MANDYA DISTRICT - 571 430

...PETITIONER

(BY SRI.PAVAN KUMAR G, ADV.)

AND:

STATE OF KARNATAKA

BY RAJAGOPALA NAGARA P.S.

REP. BY SPP

HIGH COURT BUILDING

BANGALORE - 560 001

&RESPONDENT

(BY SRI.H.R.SHOWRI, HCGP)

THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C

PRAYING

TO

ENLARGE

THE

PETITIONER

ON

BAIL

IN

CR.NO.47/2021 (SPL.C.NO.636/2021) REGISTERED BY RAJAGOPAL

NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S

363, 366A, 376 OF IPC AND SECTION 5(L), 6 OF POCSO ACT.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:-

O R D E R

The petitioner-accused is before this Court seeking

grant of bail under Section 439 of Cr.P.C. in Crime

No.47/2021 of Rajagopalnagar Police Station, registered for

the offences punishable under Sections 363, 366(A), 376 of

the Indian Penal Code (for short 'IPC') and Section 5(L) and

6 of Protection of children from Sexual Offences Act, 2012,

on the basis of the first information lodged by the

informant-Vijayalakshmi.

2.

Heard Sri Pavan Kumar G, learned Counsel for

the petitioner and Sri H.R.Showri, learned HCGP for the

respondent -State. Perused the materials placed on record.

3.

Learned Counsel for the petitioner submitted

that the petitioner is the sole accused and has not

committed any offence as alleged. He has been falsely

implicated in the matter without any basis. It is alleged

that the victim was found missing since 04.02.2021.

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However, she returned to the house on 06.02.2021.

Thereafter the complaint came to be lodged against the

present petitioner. He was apprehended on 07.02.2021.

There is inordinate delay in lodging the complaint. The

victim is a major and even as per the medical records she

was aged 18 to 20 years. She herself has stated that she

eloped with the petitioner. When her statement was

recorded under Section 164 of Cr.P.C., she has not made

any allegation of sexual assault committed by the

petitioner. The investigation has been completed and the

charge sheet is also filed. Since the investigation is already

completed, detention of the petitioner in custody would

amount to pre-trial punishment. The petitioner is the

permanent resident of the address mentioned in the cause

title to the petition and is ready and willing to abide by any

of the conditions that would be imposed by this Court.

Hence, he prays to allow the petition.

4.

Per contra, learned High Court Government

Pleader opposing the petition submitted that serious

allegations are made against the petitioner for having

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committed the offences. The date of birth of the victim as

per the school records is 18.03.2003. Therefore, she was

aged 17 years at the time of the incident. The victim

herself has given medical history which clearly go to show

that the petitioner has committed the sexual assault. The

investigation has been completed and charge sheet is filed

which makes out a serious allegation against the

petitioner. Looking to the facts and circumstances of the

case, the petitioner is not entitled for grant of bail. Hence,

he prays for dismissal of the petition.

5.

In view of the rival contentions urged by the

learned counsel for both the parties, the point that would

arise for my consideration is:

<Whether the petitioner is entitled

for grant of bail under Section 439 o