DYAMAPPA G. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the accused praying to set aside the order dtd. 29/4/2023 passed in Criminal Miscellaneous No.721/2023 by the Addl. District and Sessions Judge, FTSC- III, Bangalore Rural District, Bangalore, where under the bail petition filed by the appellant/accused No.1 sought in respect of Crime No.1/2023 of Devanahalli Police Station registered for the offence punishable under Sec. 376(2)(n) of Indian Penal Code, Ss. 4 and 6 of Protection of Children from of Sexual Offences Act, 2012 and Sec. 3(1)(r), 3(1)(s) 3(1)(w) , 3(2)(v), 3(2)(v-a) of Scheduled Caste and Schedule Tribe of (Prevention of Atrocities) Act, 1989 came to be rejected.

(2.) Heard learned counsel for the appellant and learned High Court Government Pleader for respondent No.1/State. In spite of service of notice to respondent No.2/Complaiant she remained absent and has been unrepresented.

(3.) It is the case of the prosecution that, the victim girl, aged about 16 years, and when she was studying 10th standard, came in contact with the appellant/accused and later they became lovers. Subsequently, on 18/3/2021 the appellant/accused married the victim with the consent of her family members. Thereafter, the appellant/accused, who had been in the habit of drinking alcohol, after consuming, used to assault the victim girl under intoxication and he used to harass her physically and mentally and therefore, once the victim had consumed the poison. Thereafter, victim went to her sister's house and later, her sister called the child helpline and thereafter, a complaint came to be lodged. After investigation, charge sheet came to be filed for the above said offences including the offence under Sec. 9 of the Child Marriage Act. The appellant/accused came to be arrested on 8/1/2023 and he is in judicial custody. The appellant/accused filed Criminal Miscellaneous No. 721/2023 seeking bail and the same came to be rejected by order dtd. 29/4/2023 which is challenged in this appeal.