NOORULLA KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned HCGP for the respondent-State.

(2.) Brief facts of the case as revealed from the records are, complainant-victim girl had lodged a complaint on 6/3/2020 before the Police Inspector, Basavanagudi Women Police Station, Bengaluru, alleging that she was the resident of Ramanagara and after her parents had expired, she was residing with her maternal aunt at Bengaluru. When she was studying in fifth standard, the younger sister of her maternal aunt viz., Reshma and her grandmother took her along with them to their house and eversince then, she was residing in their house. About five to six months prior to the date of the complaint, Reshma allegedly got married the complainant to the petitioner against her wish. It is contended in the complaint that the complainant was a minor at the time of marriage and inspite of her resistance, the accused-husband had forcible sexual intercourse with her. On 2/3/2020, she had informed her aunt - Reshma and her husband - Zakeer that she does not want to go to her husband's house. However, they have forced her to go to his house. Since she did not want to go to her husband's house, complainant went to her maternal aunt - Radilshad's house. Complainant has stated in the complaint that she is pregnant for two months and in view of the ill-treatment meted out to her, the present complaint is lodged on 6/3/2020, based on which, FIR in Crime No.23/2020 has been registered by the respondent-Police as against the petitioner/accused no.1 and others under Ss. 376(I), 504, 323 IPC read with Ss. 5, 6, 11, 12 of POCSO Act, and Ss. 9, 10 & 11 of Prohibition of Child Marriage Act, 2006. Petitioner's bail application filed before the LIII Addl. City Civil & Sessions Judge, Bengaluru City, in Crl.Misc.No.7682/2020 has been dismissed by the said court on 16/1/2021.

(3.) Learned Counsel for the petitioner submits that the petitioner is in custody eversince 6/3/2020 and the investigation of the case is completed and charge sheet has been already filed. He submits that as per Aadhaar Card entry, the date of birth of the petitioner is shown as 22. 5.2020 and the said Aadhaar Card has been issued on 6/5/2013 i.e., much prior to the date of marriage. He submits that the marriage had taken place on 15/12/2019 and at the time of marriage, complainant's family members had confirmed the age of the complainant based on the Aadhaar Card. He submits that the petitioner has no criminal antecedents and he had married the complainant with the consent of her elders, and therefore, prays to enlarge the petitioner on bail.