SHIVAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is the sole accused is seeking to be enlarged on bail pursuant to his arrest in Crime No.62/2020 for the offence punishable under Section 363 of IPC and the offences that were made out after investigation while filing the charge-sheet whereby other offences came to be included viz., Section 216 , 366(A) , 376 of IPC r/w Section 4, 8, 12 of the POCSO Act and Section 9 of he Prohibition of Child Marriage Restraint Act and Section 214 IPC.

(2.) The case as made out in the complaint is that the complainant's daughter was studying in 2nd Year PUC at Kapilamma Samyuktha PU College at Nadipinayakanahalli. It is stated that on 17.03.2020, the complainant's daughter left the house in the morning to attend the examination. It is stated that when she did not come home in the evening, the complainant had enquired with the victim's friends and came to know that she went to Jangamanakote cross by 2.00 p.m., after attending the examination. A complaint came to be filed after the complainant was not able to trace the whereabouts of his daughter and has expressed his suspicion that Shivakumar who is the resident of same village might have kidnapped her.

(3.) The learned counsel for petitioner would submit that initially case was made out under Section 363 IPC, and it is only thereafter, the prosecution has improved its case and have made out other offences as mentioned in the charge-sheet. It is further submitted that admittedly the age of the victim was 17 years 6 months and that the voluntariness of the victim in having a relationship with the petitioner is reflected in the 164 statement recorded on 13.04.2020, wherein the victim has specifically stated of having 'love relationship' with the petitioner. It is further made out in the 164 statement recorded before Magistrate that the victim has gone along with the petitioner and stayed with the petitioner.