MANJUNATH Vs. THE STATE

JUDGEMENT

(1.) The petitioner/accused No.1 in Criminal Misc. No.1872/2019 (arising out of Crime No.60/2019, of Wadi Police Station), pending before the learned II Additional Sessions Judge at Kalaburagi, has filed this petition seeking his enlargement on bail under Sec. 439 of the Code of Criminal Procedure, 1973, (hereinafter for brevity referred to as Rs.Cr.P.C.'), for the offences punishable under Ss. 363, 366(A), 376(2)(n), 109 read with Sec. 34 of Indian Penal Code, 1860 (hereinafter for brevity referred to as Rs.IPC') and under Ss. 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter for brevity referred to as "POCSO Act") and Sec. 10 of the Prohibition of Child Marriage Act.

(2.) The charge sheet accuses the present petitioner that, enticing the victim who was minor in her age (16 years), the petitioner (the accused No.1) who was already a married person, eloped with her and took her to different places including Mysuru and subjected her to repetitive penetrative sexual assault on different dates till the Police traced them and brought them back to the place where the victim was residing.

(3.) Accused No.2 is said to have joined her husband, who is accused No.1 and abetted in committing the alleged crime.