- (1.)This petition is filed by the petitioner/accused under Section 439 of Code of Criminal Procedure, seeking to enlarge him on bail.
(2.)It is the case of the prosecution as per the complaint, FIR and charge sheet materials that the complainant is the mother of the victim and victim is aged 15 years at the time of commission of the offence and it is stated that the petitioner has already married and is having one child. When this being the fact the petitioner had induced the minor girl of 15 years old who is daughter of the complainant and had taken her along with him by inducing and enticing her and had taken to various places including Puna and has taken the house on rent basis and therein the petitioner had committed the offence of aggravated penetrative sexual assault on the minor victim and also had criminally intimidated the victim that not to tell this fact to anybodyelse and then since crime is registered by the Gogi Police Station, in Crime No.46/2009 and the petitioner had left the victim at Shahapur and therefore as against the petitioner charge sheet is filed under Sections 366-A , 366 , 376 and 506 of Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act.
(3.)I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State.