MAHESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter re ferred to as the 'Cr.P.C.' , for brevity) seeking bail in Dharwad Sub-urban Police Station Crime No.151/2022 registered for the o ffences punishable under Sec. 376 of The Indian Penal Code (hereina fter referred to as the 'IPC' , for brevity), Ss. 4 and 6 of the Protection of Children from Sexual O ffences Act, 2012 and Ss. 9 and 11 of Prohibition o f Child Marriage Act , 2006.

(2.) The case of the prosecution is that, one Dr.Kamalavva, District Child Protection Of ficer , has filed a complaint stating that, on 11/7/2022 at about 4:00pm, the members of District Child Protection Unit has produced the victim stating that, the victim is a minor and her marriage was performed with the petitioner/accused and she is now pregnant and they are trying to admit to Nirbhaya ward , KIMS Hospital, Hubballi and victim is afraid . She is not ready to get admitted to KIMS hospital, Hubballi and she is willing to stay with her parents. On 12/7/2022 , the victim was admitted to Nirbhaya ward in KIMS Hospital, Hubballi and MLC report was received. The complainant talked with the assistance of DCPU and others and came to know that the victim has stopped her education. On 7/2/2022, child marriage o f the victim girl with the petitioner/accused No .1 was solemnized . The parents of the victim had decided not send the victim with the petitioner/accused No .1 for a period of two years but the mother of the petitioner had picked up a quarrel with the parents and forcibly took the victim to her house to lead marital life . The victim and the petitioner/accused No .1 had physical relationship. The members of the DCPU have informed the parents o f the victim girl to lodge a complaint but they did not lodge any complaint. The said complaint came to be registered in Crime No .151/2022 of Dharwad Sub-urban Police Station for the aforesaid offences. The petitioner came to be arrested on 18/7/2022 and he is in judicial custody. The petitioner filed bail application and the same came to be rejected by the learned II Additional District and Sessions & Special Judge, Dharwad , by order dtd. 26/7/2022. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the arguments o f the learned counsel appearing for the petitioner and the learned High Court Government Pleader for respondent No .1-State. Respondent No.2, on an earlier date appeared physically and submitted that, she has no objection for grant o f bail and she has also given a representation stating that this petitioner is her maternal uncle and he is looking after both the families and prayed to grant bail. Respondent No .3-complainant has sent a letter praying not to grant bail to the petitioner.