VIJAYKUMAR Vs. STATE BY DEVANAHALLI POLICE STATION, BANGALORE

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 363, 366, 343, 376 of IPC and also under Sections 4, 6 and 9(l) of Protection of Children from Sexual Offences Act registered in respondent police station Crime No.93/2017.

(2.) Brief facts of the prosecution case as per the complaint averments that the own brother of the victim girl lodged the complaint, wherein he has stated that his sister was missing on 29.08.2017, even though they made search, she was not traced and as the father of the complainant was suffering from ailments, getting treatment in the hospital, there is some delay in lodging the complaint. The further averments in the complaint show that on 14.09.2017 the sister of the complainant came to the house and when he enquired her, she told that one Manjunath (accused No.1) resident of Devanahalli Town took her by misrepresentation to the house of his sister at Arasinahalli, Devanahalli Taluk and there he committed sexual intercourse on her number of times. This is the allegation made in the original compliant lodged by the brother of the victim girl. On the basis of the said complaint, case came to be registered for the said offences.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.