PRAKASH @ VADDE PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused No.2 has filed this bail petition under Section 439 of Cr.P.C., for enlarging him on bail in Karatagi Police station Crime No.80/2021 registered for the offences punishable under sections 363 of IPC, which is subsequently registered in Special S.C.(POCSO) No.13/2021 on the file of the Additional District and Sessions Judge, FTSC-I, Koppal for the offences punishable under sections 363, 366(A), 376, 109 read with section 34 of IPC and Sections 4, 6 and 12 of the POCSO Act and Sections 9, 10, 11 of Prohibition of Child Marriage Act, 2006.

(2.) The brief factual matrix of the case is that the complainant is the father of the victim girl and the victim was said to have born on 08.05.2005. That, two years earlier, she came in contact with accused No.1 and he has expressed his love towards her and her parents disclosed that since she is minor, she should not be look into in this aspect. But it is alleged that regularly, he used to call her and used to visit their house. It is alleged that on 07.04.2021, she along with her parents came to Naganakal and on 11.04.2021 her parents returned and she stayed back there itself. It is alleged that on 12.04.2021, at about 10.30 p.m., accused No.1 along with the present petitioner, enticed the victim and thereby took her from the legal guardianship of her parents and grandmother and from there, on a two wheeler, she was taken to Belakal village and on 13.04.2021 the petitioner and accused No.1 went to Adoni and secured Thali and in a temple, the marriage of the victim and accused No.1 was performed. It is also alleged that thereafter, they stayed at different places including Kallkunta village and in this period, the accused No.1 regularly had physical relationship with her, having knowledge that she is minor. In the meanwhile, on the basis of the complaint, the police have secured the victim girl and accused No.1. The victim girl was found in company and possession of accused No.1 and they were secured and then they were subjected to medical examination and then the investigating officer has submitted the charge sheet against accused. The present petitioner is arrayed as accused No.2. The petitioner was arrested on 02.05.2021 and was remanded to judicial custody. He has moved a regular bail petition before the learned Sessions Judge but the learned Sessions Judge has rejected the bail. The records also disclose that earlier the petitioner has filed a bail petition before the learned Sessions Court prior to submission of charge sheet and same was also rejected.

(3.) Heard the arguments advanced by the learned counsel for petitioner and the learned HCGP and perused the records.