CHIDANANDA H.A. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C., seeking regular bail of the petitioner/accused No.1 in respect of Crime No.87/2021 registered by Kibbanhalli Police Station, Tumakuru District, for the offences punishable under Ss. 363, 344 , 376, 504, 506 read with 149 of IPC, Ss. 6 and 17 of POCSO Act, 2012 and Ss. 9 and 10 of Prohibition of Child Marriage Act.

(2.) Heard the learned counsel appearing for the petitioner, the learned High Court Government Pleader appearing for respondent No.1-State and the learned counsel for respondent No.2.

(3.) The factual matrix of the case of the prosecution is that the mother of the victim girl filed a complaint with the Police stating knowing fully well that C.W.2 is a minor girl, this petitioner persuaded her and kidnapped C.W.2 from Anjaneyaswamy Temple with the help of accused Nos.2 to 6. When accused No.1 persuaded C.W.2 to marry her in spite of she had refused, he threatened her and stating that he would kill her and he would also die. He took the bangles and forcibly tied the Tali and also took the photographs. Thereafter, accused Nos.1 to 6 and C.W.2 were taken in the Car belongs to accused No.5 to the house of C.W.5 and left there itself. It is also alleged that from 20/8/2021 to 24/9/2021, accused No.1 continuously had the sexual intercourse with her. When C.W.1 went and informed C.W.3, accused Nos.2 to 6 abused in a filthy language and threatened. Hence, a case has been registered, investigated the matter and filed the charge-sheet.