(1.) The petitioner/accused No.2 is before this Court under Sec. 439 of Cr.P.C. seeking bail in crime No.72/2023 of Bagalagunte P.S., Bengaluru for the offences punishable under Sec. 366(A), 376 r/w Sec. 34 of IPC, Sec. 5(L), 6 and 11 of POCSO Act, 2012 and Sec. 9 and 11 of Prohibition of Child Marriage Act.
(2.) Heard the arguments of Sri. A N Radhakrishna, learned counsel for the petitioner and learned HCGP for respondent/State and also on behalf of respondent No.2/complainant and perused the records.
(3.) Learned counsel for the petitioner has contended that respondent No.2/complainant is the wife of petitioner. Due to strained relationship, they are living separately. The victim girl is their daughter. The allegation against the petitioner/accused No.2 is that having known the fact that the victim girl is aged 17 years, performed her marriage with accused No.1/Nanjunda with the support of other accused persons. Consequent upon the victim girl subjected to sexual assault, resulting in law being set into motion against this petitioner/accused No.2 and other accused persons.