SUMANTH S/O RENUKACHARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Sec. 439 of Cr.P.C., for granting bail in Crime No.77/2021 registered by Hassan Women Police station, pending on the file of the Additional District and Sessions Judge, FTSC-I, Special Court at Hassan, for the offences punishable under Sec. 376 of Indian Penal Code (for short 'IPC'), Sec. 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO' Act) and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006.

(2.) Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is on the information furnished by the victim girl aged about 17 years, the police registered the case against the petitioner and two other persons for the aforesaid offences. It is alleged that on 23.05.2021 she went to attend the marriage function where she came in contact with the petitioner. Subsequently, they became friends started loving each other and on 29.05.2021 there was marriage function to which they attended, on that day the petitioner had come to the marriage both met each other, chatted for some time and she was traveling in a car with the petitioner. Her parents obstructed the petitioner and victim said to be married in Shani devara temple on 30/05/2021 and both of them living together in his house. Subsequently, her parents came and rescued her and complaint came to be lodged after giving information to the Child Welfare Development. After registering the case the petitioner was apprehended by the police on 06.06.2021 and remanded to judicial custody. After investigation, the petitioner has moved bail petition before the Sessions Judge, which came to be rejected. Hence, the petitioner-accused is before this Court.