MANU 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.172/2020 of Ajjampura Police Station (pending on the file of Additional District and Sessions Judge, F.T.S. C-1, Chikkamagaluru) for the offences punishable under Sections 366 , 376(1) , 342 , 114 , 120B of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012, Sections 9 and 10 of The Prohibition of Child Marriage Act, 2006 and Section 67 of Information and Technologies Act.

(2.) I have heard Sri. Sunil Kumar S., learned counsel for Sri. Chandrashekar R.P., learned counsel for petitioner/accused No.1 virtually and Sri. Mahesh Shetty, learned HCGP for respondent - State. Learned HCGP submits that complainant has been served with notices but he is unrepresented.

(3.) The genesis of the case of the prosecution in brief is that victim was studying in II PUC. While going to the college, she came in contact with petitioner/accused No.1 and sometimes, he has also dropped the victim to the college. It is alleged that on 10.01.2020, there was annual day of the sister of the victim and the mother of the victim, brother and father had gone out and the victim alone was there in the house. At that time, petitioner/accused No.1 in between 8.00 p.m., to 9.00 p.m., came to the house of the victim and he unrobed her dress and was about to sexually assault her. At that time, her uncle CW.11 came, because of the fear, petitioner/accused No.1 ran away from the said place. It is further alleged that on 18.01.2020, there was exams to the victim. While coming, at 1.00 p.m., accused Nos.5 and 6 came there and induced her and took her to the temple and while going by walk, accused No.4 and petitioner/accused No.1 were standing on two motor bikes and they took them on the motor cycle and in the temple, they performed the marriage of the victim with petitioner/accused No.1. It is further alleged that on 29.01.2016 at about 5.00 p.m., when the victim was there in the house petitioner/accused No.1 called over the phone and threatened her that he will show the marriage video to her relatives if she will not come and asked the victim to come out of the house and thereafter, he took her on a motor bike bearing Registration No.KA-66H-3882 and then they had been to a lodge and there he hugged her and at that time, accused No.7 called over the phone and by taking the victim on the motor cycle, he came to Hosadurga and from there they came to the Benglauru in a car and when there was searching for the victim there petitioner/accused No.1 and the victim have been traced by the Police and they have been brought. On the basis of the statement of victim, a further case was investigated and the charge sheet has been filed.