ISMAIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the accused No.1 under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .' for short) for granting anticipatory bail in Kagwad Police Station Crime No.4/2022 for the offence punishable under Ss. 9 , 10 and 11 of Prohibition of Child Marriage Act, 2006 and under Sec. 376(2)(n) of Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ', for short) and Ss. 4 and 6 of the Protection Of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for short).

(2.) Heard the arguments of the learned counsel for petitioner and learned High Court Government Pleader for respondent No.1. Though respondent No.2 served, remained unrepresented.

(3.) The case of the prosecution is that the respondent No.2 herein filed a private complaint under Sec. 200 of Cr.P.C. before the Magistrate and it was referred to the police for registering the case. Accordingly, the police registered the case wherein it is alleged by him that accused No.1 is his younger stepbrother, accused No.2 is his father and accused No.3 is his stepmother. The accused No.1 was said to have married the victim girl aged about 16 years on 28/2/2019. In spite of the opposition of the complainant, the accused Nos.1 to 4 scolded and thrown him out of the marriage hall and performed the marriage of the accused No.1 and the victim girl. Though the complainant went to police station to lodge the complaint, the police did not take any action. He also approached the Women and Child Welfare office and they also did not take any action. Therefore, he filed the private complaint before the Magistrate and got it referred. After registering the case, the police are making hectic efforts to arrest this petitioner. The bail petition filed by the petitioner came to be rejected by the Sessions Court. Hence, he is before this Court.