(1.) Accused No.1 in Spl.C.Pocso No.114 of 2023 pending before the Court of II Additional District and Sessions Judge, Chitradurga, arising out of Crime No.71 of 2023 registered by Chitradurga Women Police Station, Chitradurga for the offences punishable under Ss. 363, 376(2)(n) of IPC, under Ss. 4, 5(J)(II), 5(L), 6, 17 of POCSO Act and under Ss. 9, 10 and 11 of Prohibition of Child Marriage Act, is before this Court under Sec. 439 Cr.P.C. seeking regular bail.
(2.) Heard learned counsel for the parties.
(3.) The complainant who is the mother of the victim girl had lodged the complaint on 14/7/2023 before Chitradurga Women Police Station, which resulted in registering FIR in Crime No.71 of 2023 for the offence punishable under Sec. 363 of IPC. During the course of investigation, the petitioner and the victim girl were traced on 26/7/2023 and the petitioner was produced before the Court and remanded to judicial custody on 27/7/2023. The victim girl was subjected to medical examination and her statement under Sec. 164 of Cr.P.C. was recorded by the jurisdictional Magistrate on 1/8/2023. The investigation is completed and the charge sheet has been filed. The bail application filed by the petitioner in Crl.Misc.No.1324 of 2023 on the file of the Special 2nd Additional District and Sessions Judge, Chitradurga, was rejected on 18/10/2023. Therefore, he is before this Court.