Judgment : 1. The petition is filed under Section 438 of the Criminal Procedure Code, 1973 apprehending arrest for the offences punishable under Sections 363, 365, 366 and 506 read with Section 34 of the Indian Penal Code, 1860. 2. The facts relevant for the purpose of this petition are: The complainant who is the victim, is a resident of Channarayapatna and was studying in 10th standard. She was attending tuition with her teacher N. Krishnegowda. While she used to go to the tuition and the school, accused 1 used to come on the way and was insisting that he desires to talk to her and was also teasing her. Though she advised him not to interfere, it is stated that on 26-8-2009, accused 1 along with the petitioner came on the motor bike and accused 1 spoke to the complainant and introduced the others including the petitioner. The complainant stated that she has no concern with anybody and did not inform this incident to her parents due to fear. 3. On 28-8-2009 at 6.45 p.m., when she was proceeding to the tuition, accused 1, petitioner and other accused were found standing with the motor bike and accused 1 told that he desires to marry her and asked her to sit on the bike. When she refused, she was threatened and at that time, the petitioner and other two accused forcibly made to her to sit on the motor bike and threatened to finish her if she shouts. The 1st accused took her to Bangalore with the intention to marry her and while on the way she requested the 1st accused to permit her to go to answer the call of nature and when 1st accused permitted her, she escaped and came by bus to her house. She informed about this incident to her parents and thereafter, a complaint came to be lodged on these facts. 4. The petitioner submits that he is innocent and he is not involved in the crime and there is no participation at all. He also submits that other accused were granted bail by the Court below and therefore, he submits that he is ready and willing to abide by the conditions which may be imposed against him for his release on bail. On these grounds, he has sought for grant of anticipatory bail. 5. He also submits that other accused were granted bail by the Court below and therefore, he submits that he is ready and willing to abide by the conditions which may be imposed against him for his release on bail. On these grounds, he has sought for grant of anticipatory bail. 5. The learned Government Pleader submits that investigation is over and the charge-sheet has been filed and the other accused granted bail under Section 439 of the Cr. P.C. for offences registered and as the petitioner shared the common intention with the 1st accused while committing offence, he is not entitled to anticipatory bail. 6. I have heard the learned Counsel for the petitioner and the learned Government pleader. 7. The point that arises for my consideration in this petition is: Whether the petitioner is entitled for anticipatory bail sought for? 8. Though the learned Counsel contends that there is no primal facie material against the petitioner and participation in the crime, it is relevant to note that in the complaint the name of the petitioner has been referred to by the complainant and she states that when she refused to sit on the motor bike, it was the petitioner and other two accused who forced her and also threatened to finish her, in case if she did not sit on the motor bike. So prima facie taking into consideration the fact that accused 1 had taken the complainant on his bike to Bangalore, the petitioner has established common intention and therefore, prima facie he is responsible for the offences punishable under Sections 363, 365, 366 and 506 read with Section 34 of the IPC. 9. So far as the grant of anticipatory bail is concerned, the discretion is vested with the Courts which can be used sparingly in exceptional cases and to protect the interest of the accused who are innocent and those who have been falsely implicated in the crime. In the instant case, the victim is a girl aged about 15 years and a student of High School and immediately after escaping from the clutches of accused 1 approached the parents and lodged the complaint and it cannot be said at this stage that there is no prima facie material against the petitioner for the offences registered. In the instant case, the victim is a girl aged about 15 years and a student of High School and immediately after escaping from the clutches of accused 1 approached the parents and lodged the complaint and it cannot be said at this stage that there is no prima facie material against the petitioner for the offences registered. In the circumstances, here is no material on record to show that the petitioner is an innocent person and has been falsely implicated. Therefore, the discretion vested under Section 438 of the Cr. P.C. cannot be exercised in favour of the petitioner, thereby the petitioner is not entitled for anticipatory bail sought for. Hence, I answer the point in the negative and proceed to pass the following. ORDER The petition is dismissed. If the petitioner files an application for regular bail before the Court below, the same may be disposed of expeditiously in accordance with law.