VINUTH B.G Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioner in Spl.C.No.509/2021 (Crime No.133/2021) of Nuggehalli Police Station, Hassan District for the offence punishable under Ss. 363 and 376 of IPC, Sec. 6 of Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short) and Sec. 9 of Prohibition of 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 victim girl is aged about 16 years 5 months. At the request of this petitioner she went to the bus shelter of her village and thereafter both the victim and this petitioner went to Hassan and then to Bengaluru. Both of them stayed in the room of the petitioner's friend for a period of four days and thereafter married at Muneshwara Temple and then she was subjected to sexual act and she also gave consent. Both of them were apprehended and taken to Nuggehalli Police Station. The police have registered the missing complaint based on the complaint and investigated the matter and filed the charge-sheet for the offence punishable under Sec. 376 of IPC and Ss. 4 and 6 of POCSO Act and Sec. 9 of the Prohibition of Child Marriage Act.