D. THIPPERUDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is accused No.4 in crime No.54/2023 registered by Chitradurga Women Police Station, Chitradurga for the offence punishable under Ss. 376(2)(n), 313, 323 , 324, 448, 504, 506 and 149 of the Indian Penal Code, 1860 ('the IPC ' for short), Ss. 4, 6 and 17 of the Sexual Offences Act, 2012 and Ss. 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 is before this Court seeking anticipatory bail.

(2.) Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent.

(3.) On the basis of the complaint that was lodged on 23/5/2023, by the victim girl, who is aged about 16 years, Chitradurga Women Police Station have registered FIR in crime No.54/2023 for the aforesaid offences against one Chiranjeevi and others. The petitioner, who is the bother-in-law of accused No.1/ Chiranjeevi is arrayed as accused No.4 in the FIR. As per the complaint averments, the complainant was forcibly married to one Chiranjeev, though she was minor, aged about 16 years. It is alleged in the complaint that accused No.1 / Chiranjeevi had forcible sex with her and resultantly she had conceived. The petitioner and accused No.5- Hanumanthappa allegedly took the complainant to a private hospital and got her pregnancy aborted. Thereafter, the accused persons have left the complainant in her parents house. It is also alleged in the complaint that subsequently, the accused persons had come to her house armed with weapons and had abused the complainant and her parents and also had threatened them with dire consequences. It is in this background the belated complaint was lodged based on which the police have registered FIR in crime No.54/2023. The bail application filed by the petitioner before the Court of 2nd Additional District and Sessions Judge, Chitradurga in Crl.Misc.No.668/2023 was rejected on 14/6/2023. It is under these circumstances, he is before this Court.