GOVINDA PPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The complainant has filed this petition under Sec. 439(2) of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking cancellation of bail granted by the I Additional District and Sessions Judge, Ballari by order dtd. 24/2/2022 in Special Case No.2/2022. The respondent No.2/accused is facing charge for the offence punishable under Ss. 363 , 366 , 376(j)(n) of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity), under Ss. 4 and 6 of Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as the 'POCSO Act' for brevity) and under Sec. 9 and 10 of Prohibition of Child Marriage Act, 2006 in Special Case No.2/2022.

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

(3.) The facts of the case is that the petitioner's/complainant's daughter-victim girl aged about 17 years studying in first year P.U.C. at Hosapete and staying at HS P.G. Center at Vijayanagara Road, Hosapete as paying guest, so that on 25/10/2021 at about 6.00 p.m., the petitioner's daughter went from P.G. Center by telling her friends that her mother is not feeling well and she has been admitted to the hospital, but the daughter of the petitioner's has not went either to her house or to P.G. Center. The petitioner searched for his daughter, but could not trace her. The petitioner suspecting as some body has kidnapped his daughter lodged the complaint and the Police have registered the case under Sec. 363 of IPC. The complainant came to know that the victim girl is in love affair with the accused. That on 25/10/2021 in pursuance of the phone call from respondent No.2/accused she went to Davanagere and respondent No.2/accused taken her to Shivamogga on 26/10/2021. Then respondent No.2/accused took her from Shivamogga to Murudeshwara, then he married her at Idagunji and both of them stayed in the lodge at Murudeshwara wherein, the accused has committed sexual intercourse with her nearly 4-5 times. The respondent No.2/accused came to be arrested on 29/10/2021. The respondent No.2/accused has filed bail application in Special Case No.2/2022 and the same came to be allowed by order dtd. 24/2/2022 by the I Additional District and Sessions Judge, Ballari by imposing certain conditions. The petitioner/complainant has sought for cancellation of bail granted to respondent No.2/accused in Special Case No.2/2022 in the present petition.