PASSED

BY

THE

COURT

OF

ADDITIONAL SESSIONS JUDGE AND FAST TRACK SPECIAL

COURT -1 (POSCO) AT CHIKKABALLAPUR AND ENLARGE HIM

ON

BAIL

IN

CR.

NO.157/2022,

REGISTERED

BY

CHIKKABALLAPUR

SUB-DIVISION,

BAGEPALLI

POLICE

STATION, PENDING ON THE FILE OF ADDITIONAL DISTRICT

SESSIONS

COURT,

F.T.S.C.-1

CHIKKABALLAPUR

DISTRICT.

THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal has been filed by the accused No.3 seeking to

set-aside the order dated 28.11.2022 passed in Crl.A.

No.728/2022 by the learned Addl. Sessions Judge and Fast

Track Special Court-I (POCSO) Chikkaballapura (for short

'Special Court') wherein the bail petition filed by the

appellant/accused

No.3

sought

in

respect

of

Crime

No.157/2022 of Bagepalli Police Station registered for the

offences punishable under Section 376 (3), 506 of Indian Penal

Code, 1860 and Sections 4, 6, 8, 12 & 14 of Protection of

Children from Sexual Offences Act, 2012 (POCSO Act) and

Section 67(B) of Information Technology Act, 2000 and

Sections 3(1)(w) and 3(2)(v) of Scheduled Castes and

- 3 -

Scheduled Tribes (Prevention of Atrocities) Act, 1989, came to

be rejected.

Heard the learned counsel for the appellant and the

learned Addl. SPP for respondent No.1-State. The respondent

No.2 inspite of service of notice has remained absent and

unrepresented.

3.

The case of the prosecution is that, respondent

No.2 - Child Development Project Officer, Bagepalli Town, has

filed a complaint stating that she has recorded the statement of

the victim girl, wherein the victim has stated that, on

11.04.2022, she travelled from Hongasandra to Bagepalli and

wrote Science SSLC exam and returned at about 2.30 p.m. to

Bagepalli

bus

stand.

At

that

time,

accused

No.1-

Narayanaswamy made a phone call to her and she told him

that she is in bus stand. At that time, accused No.1 -

Narayanaswamy and accused No.2-Manjunath picked her on

two wheeler, wherein the accused No.2-Manjunath drove the

vehicle and accused No.1-Narayanaswamy sat in-between

accused

No.2-Manjunath

and

victim

girl

and

went

to

Akkammagari Temple, on the top of the hill at Pathabageppali

- 4 -

village and thereafter, accused No.2-Manjunath came down and

after some time, he made a call to accused No.1 stating that

his vehicle is broke down and he has to repair it. Thereafter,

Narayanaswamy went again to the victim at about 3.30 p.m.

When accused No.1-Narayanaswamy was having a sexual

intercourse with the victim, at that time, friends of accused

No.2 viz., Raju-accused No.3 and Suresh-accused No.4, came

there. At that time, accused No.1 - Narayanaswamy got up

and wore his clothes and accused No.3 took photos and videos

of the victim when she is in the naked state and also asked her

to come with them and they will also look after her and told her

that they will also do what accused No.1 Narayanaswamy did to

her. At that time, accused No.4 Suresh threatened her telling

that if she did not cooperate, they will upload her naked photos

and videos on WhatsApp and YouTube. At that time, accused

No.2-Manjunath also came there and told her to cooperate to

three of them and at that time, accused No.1-Narayaswamy

scolded them and accused No.3 touched her thighs and at that

time, Narayanaswamy went and called the village people, who

came

and

scolded

them

and

brought

the

victim

to

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Pathabagepalli village and thereafter, the victim was brought to

Women Police Station.

The said complaint came to be registered in Crime

No.157/2022 of Bagepalli Police Station for the offences

punishable under Sections 376(3), 506 of IPC and Sections 4,

6, 8, 12 and 14 of POCSO Act.

The

Investigating

Officer

after

completing

the

investigation, filed the charge sheet against accused Nos.1 to 4

for the offences punishable under Sections 376(3), 506 of IPC

and Sections 4, 6, 8, 12 and 14 of POCSO Act and Section

67(B) of Information Technology Act, 2000 and Sections

3(1)(w), 3(2)(v) of Scheduled Castes and Scheduled Tribe