ANIL VENKAPPA KUSHLAKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for regular bail under section 439 of Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as ' Cr.P.C .') in Crime No.136/2019 of Basavan Bagewadi Police Station, for the offences punishable under sections 366 , 376 of Indian Penal Code, 1860 (hereinafter for brevity referred to as ' IPC ') and sections 12 , 5(L) , 5(J)(II) , 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter for brevity referred to as 'POCSO Act').

(2.) The present petitioner is the sole accused against whom allegation is made in the charge sheet that he kidnapped the victim girl aged about 16 years on 26.07.2019 at about 3.00 p.m. from Uppaldinni Tanda and eloped with her and also subjected her to repeated sexual intercourse resulting in she conceiving and is said to have married her in a temple subsequently. Originally, the father of the alleged victim girl had filed a complaint about the alleged kidnapping of his minor daughter by an unknown person. However, subsequently, after investigation, the police have filed charge sheet against the accused/petitioner for the offences punishable under sections 366 , 376 of IPC and sections 12, 5(L), 5(J)(II), 6 of POCSO Act.

(3.) Learned counsel for the petitioner submits that the girl, both in her statement before the Magistrate under section 164 of Cr.P.C. as well in her medical examination before the doctor, has clearly stated that she was aged nineteen years, as such, the contention that she was minor in her age is not acceptable. He further submits that she has stated clearly before the Magistrate under section 164 of Cr.P.C. that she went along with accused on her own consent and after marrying him, is staying with the accused. As such, the question of alleged kidnap or sexual assault does not arise.