NAWAZ PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C., seeking regular bail of the petitioner/accused in Crime No.49/2021 of Chintamani Town Police Station, Chickballapura District, for the offences punishable under Ss. 376(2)(n) of IPC, Sec. 6 of POCSO Act and Sec. 9 of the Prohibition of Child Marriage Act.

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

(3.) The factual matrix of the case of the prosecution is that this petitioner took the minor girl, who is aged about 15 years and both of them fell in love. On 6/8/2020, he took her to Chintamani Town, Bamboo Bazaar Dargah and married. Thereafter, took the rented premises belongs to CW.5 and continued the sexual act from 6/8/2020 to 28/3/2021. An allegation is that against her wish, she gave birth to a male child on 28/3/2021. Hence, invoked the offences punishable under Ss. 376(2)(n) of IPC, Sec. 6 of POCSO Act and Sec. 9 of the Prohibition of Child Marriage Act against the petitioner.