RATHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by petitioner- accused No.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.84/2019 of Yesalur Police Station (pending on the file of Additional Sessions and Special Judge, Hassan) registered for the offence punishable under Sections 363 , 376 of IPC and Section 6 of the POCSO Act.

(2.) I have heard the learned counsel Sri. Pratheep K.C for petitioner - accused virtually and the learned High Court Government Pleader Sri. R.D. Renukaradhya for respondent No.1 - State and Sri. B. Lethif for respondent No.2.

(3.) The gist of the complaint is that the victim was staying with her grandmother's house since 1 1/2 year. During that time, she acquainted with petitioner- accused and both loved each other. About one year back both of them went to Bengaluru and stayed in a room at Goraguntepalya and got married at Vinayaka temple, thereafter both indulged in sexual intercourse and she became pregnant and then she was staying in petitioner's house at Achangi. Since she was nine months pregnant, she was taken for treatment to a Government Hospital at Sakaleshpura. There the doctor called the police and a complaint has been registered. It is the further submission of learned counsel for the petitioner-accused that already charge sheet has been filed and petitioner-accused is not required for the purpose of investigation or interrogation. Sine more than one year the petitioner is in custody. The petitioner-accused and victim were in love with each other and the victim herself told the petitioner-accused that she is aged about 18 years as on the date of the marriage and as such they got married and had physical contact, as a result of the same, she has became pregnant. It is his further submission that no body is there to look after the child and the victim, as they have already got married. It is his further submission that he is ready to abide by any of the conditions that may be imposed on him by this Court and ready to offer sureties. On these grounds, he prays to allow the petition and to release petitioner - accused on bail.