LAWS(KAR)-2022-6-726

RAMAKRISHNA Vs. STATE OF KARNATAKA

Decided On June 27, 2022
RAMAKRISHNA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .' for brevity) for granting bail in Crime No.39/2022 registered by the Mahalingapur Police Station for the offence punishable under Ss. 363 , 313 , 376 , 376(1) , 376(2)(n) , 109 and 506 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ' for brevity) and Ss. 4 , 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act', for short).

(2.) Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent/State.

(3.) The case of the prosecution is that, on the complaint of the victim girl aged about 22 years, the police filed the complaint wherein it is alleged that she came in contact with accused No.1 and they fell in love. They wandered on the motorcycle. In the year 2016, she went to the house of one Vijay, who is the uncle of accused No.1 and there, he had intercourse with her. Subsequently, the same came to the knowledge of the parents. Panchayat was held. In the said panchayat, accused No.1 agreed to marry the victim. As she was minor, it was decided that after the victim attaining majority, marriage shall be performed. Thereafter subsequently, in the year 2018, accused No.1 took the victim girl to the house of the petitioner. There also accused No.1 sexually assaulted her when she was a minor. Thereafter, after the victim attaining majority, when the parents of the victim requested accused No.1 for marriage, they were dodging without giving proper answer and they refused to perform the marriage. Therefore, a complaint came to be filed. After registering the case, accused No.1 was arrested on 13/5/2022 and was remanded to the judicial custody. His bail petition before the learned Sessions Judge came to be rejected. Hence, he is before this court.