ANANDA M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused in Crime No.221/2023 registered by the Malur Police Station, Kolar district for the offence punishable under Ss. 376(2)(n) Sec. 6 of Protection Of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Sec. 9 of The Prohibition of Child Marriage Act, 2006 is before this Court seeking regular bail.

(2.) Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.

(3.) On the basis of statement made by the victim girl dtd. 10/6/2023, FIR in Crime No.221/2023 was registered by Malur Police Station against the petitioner for the aforesaid offences. In the complaint, it is averred that the complainant is aged about 17 years and she had studied up to I PUC. The complainant was acquainted with the petitioner, who is her distant relative and he had proposed to her to marry her. However, the complainant had not agreed for the same since she was still a minor. On the basis of a complaint filed to the Child Welfare Committee of Chikkaballapura, the complainant was summoned to the office for verification and she was asked to mark her attendance once in three months. Subsequently, the complainant decided to marry the petitioner and on 13/11/2022, she had accompanied the petitioner and got married in a temple. Thereafter, she lived with the petitioner in his house at his village. In the month of April, 2023 when she visited the office of the Child Welfare Committee, after medical examination it was found that she was pregnant. Thereafter, the complainant had lodged a complaint which had resulted in registering FIR in Crime No.221/2023. Apprehending arrest in the said case, the petitioner had filed bail application in Crl.Misc.No.465/2023 before Addl. District and Sessions Judge, FTSC-I Kolar, which was dismissed on 23/6/2023. It is under these circumstances, the petitioner is before this Court.