MOHAMMED RAFIQUE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused under Section 439 of Code of Criminal Procedure praying to release him on bail in Crime No. 108/2018 of Dharmasthala Police Station for the offences punishable under Sections 341, 504, 506 and 326 read with 34 of IPC and Sections 8 and 12 of POCSO Act.

(2.) I have heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent/State.

(3.) The gist of the complaint is that on 17.05.2018 the complainant who is studying in II PUC alleged that accused No.1 used to harass him and the same was informed to the parents and on that day at about 8.15 a.m. when the complainant is on the way to his college, accused came in an auto-rikshaw along with accused -2 and gave a mobile phone and said the complainant to accompany him. The complainant refused to take the mobile and at that time accused -2 caught hold him. Further alleged that accused- Rafeeq threatened him and abused in filthy language and assaulted with stone to his face, head and other parts of the body. It is alleged that a passerby told the accused persons not to assault the complainant and he informed the parents of the complainant. The complainant had fell down on the floor. Immediately, he was shifted to Krishna Hospital at Kakkinje. There he took first aid and after getting conscious he was shifted to another hospital for higher treatment to SDM Hospital at Ujire. Based on this a case has been registered.