SATHISHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 438 of Cr.P.C. praying this Court to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.120/2022 registered by Maddur Police Station, Mandya, for the offences punishable under Ss. 376, 506 and 420 of IPC and Ss. 4, 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short).

(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/victim has given the complaint before the police stating that when she was a minor in 2017, this petitioner came to her house and taking advantage of her mother and grandmother were not in the house, subjected her for sexual act and thereafter told that he would marry her and threatened not to disclose the same to anybody else. He had postponed the same saying that after attaining the age of 18 years, he would marry her and continuously subjected her for sexual act and ultimately marriage was engaged in the year 2020 and thereafter he has turned hostile saying that his mother is not interested in performing the marriage. A panchayat was also held in this regard and they left the house saying that they are going to perform the marriage with a bride, who is having Government job since the petitioner is also working in the Government department. Hence, lodged the complaint and based on the complaint, the police have registered the case invoking the offence punishable under Sec. 376, 506 and 420 of IPC and Ss. 4, 6 and 12 of the POCSO Act.