THIPPESWAMY @ THIPESHI Vs. STATE BY JAGALUR P.S

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.103/2021 of Jagalur Police Station, Davanagere, for the offence punishable under Ss. 363 and 376(2)(n) of IPC, Sec. 6 of the Protection of Children from Sexual Offences Act ( 'POCSO Act ' for short) and Ss. 9 and 11 of the Prohibition of the 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 the complainant, who is the father of the victim girl, filed a complaint stating that his daughter Padmavathi, who is aged about 16 years is pursuing SSLC. That on 14/6/2021, he went to the land for work and his daughter was alone in the house. When he came back from work, she was not in the house and they have searched in the house of her relatives and friends and she was not there and hence suspected the role of the petitioner and gave the complaint. Based on the complaint, the police have registered the case for the offence punishable under Sec. 363 of IPC. Thereafter, during the course of investigation, secured the petitioner as well as the victim girl. On enquiry, the victim girl disclosed that both of them fell in love. The accused came to the house and persuaded her that he would marry her and with the assistance of her friends took her in a bus to Ilkal and kept her in a house and subjected her for sexual act. The victim also disclosed that on 26/6/2021, he took her to the house of one Manjula and there also he has committed forcible sexual intercourse from 27/6/2021 to 18/7/2021. The victim was subjected to medical examination. 164 statement of the victim was also recorded by the learned Magistrate and hence invoked the offence punishable under Ss. 363 and 376(2)(n) of IPC, Sec. 6 of the POCSO Act and Ss. 9 and 11 of the Prohibition of the Child Marriage Act.