MANJUNATH K Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.648/2018 for the offences punishable under Sections 366, 366(A), 376 of IPC and Sections 4, 5(L) and 6 of the Protection of Children from Sexual Offences Act.

(2.) The case of the prosecution is that the father of the victim had lodged a complaint with the police authorities stating that on 18.12.2018 his daughter was dropped near school, but did not return home and her whereabouts were not known despite making attempts. Accordingly, Crime No.648/2018 came to be registered for the offences punishable under Section 363 of IPC. It is stated that subsequently, the victim herself is stated to have returned home. Investigation is complete and charge sheet has been filed. Trial has also commenced.

(3.) Learned counsel for the petitioner contends that the case of the prosecution is not supported either by the father of the victim or the victim and draws the attention to the fact that both are treated as hostile. However, it would not appropriate to comment conclusively as regards to the effect of the stand taken by the witnesses - P.Ws. 1 and 2 as such a finding would prejudice the trial. However, taking note of the fact that investigation is complete, charge sheet has been filed and also the present proceedings cannot be construed to be punitive in nature and that P.Ws. 1 and 2 have turned hostile, petitioners have made out a case for being enlarged on bail. Question as to whether an offence is made out on the basis of the material available and evidence adduced by P.Ws. 1 and 2, is a matter to be decided in trial.