ABHILASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is the sole accused in Crime No.147/2022 registered by the Hirisave Police Station for the offence punishable under Sec. 363, 376 and 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 complaint dtd. 14/9/2022 by Smt. Vijayalakshmi W/o Krishnegowda, who is the mother of victim girl, the Police have registered a case in Crime No.147/2022 against the petitioner for the offence punishable under Sec. 363 of IPC. During the course of investigation, the victim girl was traced at K.R.Pet Bus Stop and thereafter her statement was recorded on 6/10/2022 under Sec. 164 of Cr.P.C, by the Court of jurisdictional Magistrate. In the said statement, the victim girl has stated that on 12/9/2022, after college hours when she was waiting for bus, the petitioner had picked up her in a car and took her to his friend's house. On the said day, he had requested the victim girl to marry him which was objected by her. On 13/9/2022 the petitioner married the victim girl and on the said date they stayed in the house of petitioner's friend Yoga and the petitioner forcibly had physical contact with the victim girl. On 14/9/2022 the petitioner took the victim girl to Mysore and stayed overnight in a Lodge and allegedly had physical contact with the victim girl and on the next date i.e. 15/9/2022, they again returned to his friend's house at Manikanahalli and stayed there upto 17/9/2022. On 17/9/2022, the petitioner had dropped the victim girl in K.R. Pet Bus Stop and Hiresave Police came there and took her. The Police after completion of the investigation have filed charge sheet against the petitioner on 19/9/2022 for the aforesaid offences. The bail application filed by the petitioner before the trial court in Spl.C.No.567/2022 was rejected on 30/11/2022. It is under these circumstances, the petitioner is before this court.