KUMAR G Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking bail in Crime No.202/2019 of Kurugod Police Station registered for the offence punishable under Sections 363, 366, 376(2)(3) and 506 of IPC and under Section 9 of Child Marriage Restraint Act and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act (for short "POCSO" ).

(2.) It is the case of the prosecution that one Basavaraj the father of the victim girl has filed complaint stating that her daughter is aged 16 years and 6 months and she used to go to Shrinivas Camp for plucking Anjur fruits and the petitioner is running an auto who used to pickup his daughter to work and drop her back. It is stated in the complaint that the petitioner has been teasing victim girl for which he was advised. About 11 months back he came to know that his daughter is pregnant and on asking she said that the petitioner has been loving her and likes her and will marry her and about 7 months back he has taken her to Sangameshwara Temple at Kurugod and has married her and afterwards has made her pregnant and has threatened her not to reveal the same to her parents and subsequently she has delivered a female baby which is two months at the time of filing complaint. On 25.11.2019, the complainant and his wife went to the petitioner and asked him to take victim girl to his house and he said to have denied the same, also saying that the child is not born to him and refused to take their daughter (victim girl) to his house. Petitioner knowing that their daughter is a minor has loved her and has married her and made her pregnant. The said complaint came to registered in Crime No. 202/2019 of Kurugod Police Station for the offences punishable under Section 363, 376A, 494, 506 of IPC and Section 9 and 11 of Child Marriage Restrain act and Sections 4, 6 and 8 of POCSO Act. The petitioner came to be arrested on 16.02.2020. The bail petition filed by the petitioner-accused No.1 came to be rejected by trial Court. Therefore, the petitioner-accused No.1 is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused No.1 and learned HCGP for respondent-State.