Heard Sri M. M. Patil, learned counsel for the

petitioner and Smt.Girija S.Hiremath, learned High

Court Government Pleader for the respondent No.1-

State. 2^nd respondent/defacto complainant though

served with the notice remained absent.

2.

This petition is filed under Section 439

Cr.P.C., with the following:

“WHEREFORE, it is humbly and respectfully

prayed that this Hon’ble Court be pleased to allow the

petition and enlarge the petitioner/accused No.2 on

bail in SPL.S.C. No.25/2023, in pursuance of the

crime No.02/2023 registered before the Haveri

Women’s Police Station, Haveri for the offences

punishable U/Sec.354(A), 354(D), 341, 109, 506, 34

of IPC and U/Sec. 8, 12, 18 of POCOS Act, 2012 and

67B (a)(b) of Information Technology Act, 2008 in

the interest of justice and equity.”

3.

The brief facts of the case are as under:-

Women

Police

Station,

Haveri

received

a

complaint from second respondent and based on the

said complaint registered a case in Crime No.2/2023

on 01.02.2023 for the offences punishable under

Sections 323, 354(A), 354(D), 341, 109, 506 read

with Section 34 of IPC, Sections 8, 12, 17 of POCSO

- 3 -

Act, 2012 and Section 67B (a)(b) of Information

Technology Act, 2008.

4.

Gist of the complaint averments reveal

that minor daughter of the complainant pursuing her

10^th standard in the government school, returned

from the school on 31.01.2023 and she was in a

morose feeling and she was enquired by her mother.

At that juncture she shoot into emotion and revealed

that the petitioner/accused No.1 is troubling her in

the guise of a love affair. She also revealed that

petitioner along with his friends who are two more

accused persons, started pestering her to have a

love affair with the petitioner/accused No.1 and in

that regard, they gave life threat including putting

her in the fear of throwing acid on her and over

powered

her

and

made

her

nude

and

took

photographs.

They

started

demanding

further

sexual favors and when the victim girl refused, they

started blackmailing her stating that the

nude

photos would made viral in the social media. At that

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juncture a friend of the victim girl came there and

with her help, she escaped from the clutches of the

accused persons. On enquiry by the friend, she has

revealed the incident to her friend and also told her

mother

that

the

petitioner

has

uploaded

nude

photographs of the victim girl on his whats-app

status in his mobile. Based on such complaint,

police

registered

a

case

as

aforesaid

and

investigated the matter in detail and filed the charge

sheet against the petitioner.

5.

The attempt made by the petitioner to

obtain an order of grant of bail is turned down by

the learned Special Judge in Spl.S.C.No.25/2023 by

order dated 26.04.2023. Thereafter, the petitioner is

before this Court.

6.

Sri.M.M.Patil,

learned

counsel

for

the

petitioner reiterating the grounds urged in the

petition contended that the petitioner is innocent of

the offence alleged against him and he has been

falsely implicated in the case and since the charge

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sheet is filed and taking note of the fact that the

offence alleged against the petitioner is only under

Sections 8, 12 and 17 of POCSO Act, continuation of

the petitioner - accused in judicial custody is no

longer

warranted

and

sought

for

allowing

the

petition.

7.

Per contra, learned High Court Government

Pleader

reiterating

the

grounds

urged

in

the

objection statement contended that the offence

alleged against the petitioner is heinous in nature

and inasmuch as a 34 year old person was trying to

have physical relationship with a tenth standard

student would itself shows that there could not have

been any love affair between them and it is only lust

of the petitioner resulting in advancing the sexual

intentions

of

the

petitioner

and

therefore,

the

petitioner cannot be shown any mercy and grant of

bail in unwarranted.

8.

She also argued that the fact of petitioner

uploading the nude photo of the victim girl to his

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Whatsapp

statu