IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 25^th DAY OF SEPTEMBER 2018

BEFORE

THE HON’BLE MRS.JUSTICE K.S.MUDAGAL

CRIMINAL PETITION No. 101439 OF 2018

BETWEEN:

ARUN S/O. ASHOK KAMBLE

AGE:19 YEARS, OCC:NIL,

R/O. DESAYARATTI VILLAGE,

TAL:ATHANI, DIST:BELAGAVI.

... PETITIONER

(BY SRI. NITIN R. BOLABANDI, ADVOCATE)

AND:

THE STATE OF KARNATAKA

REP.BY SPP HIGH COURT OF KARNATAKA,

DAHRWAD.

THROUGH AIGALI POLICE STATION,

BELAGAVI.

... RESPONDENT

(BY SRI. PRAVEEN K. UPPAR, HCGP)

---

THIS CRIMINAL PETITION IS FILED U/SEC.439 OF

CR.P.C., PRAYING TO ALLOW THE PETITION ENLARGE THE

PETITIONER ON BAIL IN CONNECTION WITH AIGALI P.S. CR.

NO.03/2018 FOR THE OFFENCES PUNISHABLE U/SEC.363,

376(2)(i) OF THE IPC & SEC.4, 6 OF POCSO ACT, 2012.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:-

Crl.P.No.101439 OF 2018

: 2 :

O R D E R

The

petitioner

is

being

tried

in

S.C.No.160/2018 on the file of III Addl. Sessions

Court, Belagavi for the offences punishable under

Sections 363, 376(2)(i) of IPC and Sections 4 and 6

of the Protection of Children from Sexual Offences

Act, 2012 on the basis of the charge sheet filed by

Igali police in Crime No.3/2018 of their police

station.

2.

It is alleged that the victim X (for the

purpose of confidentiality the victim is referred as X

hereinafter) was aged 15 years at the time of

incident. It is further alleged that the petitioner

committed aggravated sexual assault on her in her

house during the third week of December, 2017. It

is further alleged that, luring X to elope with him,

on 31.12.2017 at 9.30 pm, the petitioner kidnapped

her from the custody of her parents and they were

traced only on 06.01.2018.

Crl.P.No.101439 OF 2018

: 3 :

3.

As per the charge sheet records, the date

of birth of the victim is 26.03.2003. As per the

report of dentist, her age is between 14 and 16

years. As per radiologist opinion, her age is 16-18

years. The statement of the victim at this stage

shows that herself and the petitioner had eloped

from her house on 31.12.2017 and they stayed

together at different places till they were traced.

The

medical

examination

report

of

the

victim

indicates that she was subjected to sexual activity.

4.

Having regard to the material on record,

it is not a fit case to grant bail. Therefore the

petition is rejected.

SD/-

JUDGE

gab