JUDGMENT Shivashankar Amarannavar, J. - This petition is filed by the accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C. , for brevity) seeking bail in Crime No.24/2020 of Koppal Women Police Station for the offences punishable under Sections 363 and 376 of The Indian Penal Code (hereinafter referred to as the IPC , for brevity) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act , for brevity) 2. It is the case of the prosecution that one Sri. Mudakappa Obali has filed a complaint alleging that his daughter-victim, aged 17 years, has failed in 10th standard and she had appeared for repeat examination on 03.07.2020 in Gavisideshwar High School and the son of the complainant had dropped her to school in the morning and that at about 1.30, he again went to call her, he did not find her and the complainant came to know that even the petitioner was missing from the city and therefore, he filed a complaint on 04.07.2020 against the petitioner. A case came to be registered in Crime No.24/2020 for an offence under Section 363 of IPC. Thereafter, the petitioner and the victim themselves came to the police station on 06.07.2020 wherein the victim has alleged to have informed the police that on 03.07.2020 the victim and the petitioner went from the school to Lakundi and had sexual contact and on the next day visited some temples and came to the police station. The petitioner filed bail application and it came to be rejected by the learned Additional District and Sessions Judge, FTSC-1, Koppal, by order dated 07.08.2020. Therefore, the petitioner is before this Court seeking bail. 3. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State. 4. Learned counsel for the petitioner has submitted that the incident has taken place on 03.07.2020 and the complaint has been filed on 04.07.2020 by the father of the victim and there is delay in filing the complaint. It is his further contention that the statement of the victim has been recorded by the Judicial Magistrate under Section 164 of Cr.P.C. wherein there is no allegation of sexual assault by the petitioner. It is his further contention that the statement of the victim has been recorded by the Judicial Magistrate under Section 164 of Cr.P.C. wherein there is no allegation of sexual assault by the petitioner. It is his further submission the conduct of the petitioner in voluntarily coming to the police station with the victim, itself, shows that he is innocent and has not committed any offence. With these, he prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader submitted that investigation is in progress. It is his further submission that in the statement of the victim recorded under Section 164 of Cr.P.C., she has stated that accused gave her chocolate and after eating she could not come to know what was hapenning and she gained conscious when she was in Lakundi and the petitioner gave juice to her, still then, she did not get her conscious and she was semi-conscious, at that time, the petitioner touched her body and she prayed to punish him. It is his further submission that in the remand application there is mention that the victim has stated before the police that the petitioner had forcible sexual intercourse with her. It is his further submission that the case is still under investigation and if the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses and flee from justice. With this, he prayed to dismiss the petition. 6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the FIR, complaint, remand application and statement of victim girl recorded under Section 164 of Cr.P.C. As per the complaint, the victim is aged 17 years and she was missing form 03.07.2020 and on the complaint by the victim s father, a case came to be registered against the petitioner of abducting the said victim as he was also missing from his place. In the remand application, it is stated that the victim and the petitioner voluntarily came to the police station on 06.07.0220 and it is also mentioned in remand application that the victim has stated that the petitioner induced her stating that he is loving her and asked her to accompany him so as to get married and he took her to Lakundi and stayed in a land and at about 10.00 pm, he had forcible sexual intercourse with her and thereafter when they came to know of filing of the complaint, they came to the police station. Under Section 164 Cr.P.C. statement, the victim has stated that the petitioner took her stating that he will take her to elder brother from Koppal bus stand on his bike and gave chocolate and after eating she could not come to know what is happening and thereafter when she gained conscious, she was in Lakundi. Thereafter, the accused gave juice and in spite of drinking juice, she could not get conscious and she has stated that at that time, the petitioner/accused was touching her body. 7. The case is still under investigation. Whether the petitioner/accused has committed sexual assault has to be ascertained by medical examination of the victim. If the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses. As investigation is still in progress, at this stage, it is not proper to grant bail. The petitioner has not made out any ground for grant of bail. 8. Accordingly, the petition is rejected. The petitioner is at liberty to approach the trial Court seeking bail after charge sheet is filed.