FAKEERAPPA HANUMANT ABBIGERI Vs. STATE

JUDGEMENT

(1.) Petitioner who is arraigned as accused No.1 has filed this petition under Sec. 439 of Code of Criminal Procedure (for short, 'the Cr.P.C .') to grant him regular bail in Crime No.89/2023 of Murgod Police Station (Spl.Case No.109/2023) for the offences punishable u/secs.363, 376(2)(n), 109 r/w Sec. 34 IPC, Ss. 4, 6 of POCSO Act, 2012 and Ss. 9, 10, 11 of Prohibition of Child Marriage Act, 2006.

(2.) In support of his petition, petitioner has contended that he has been falsely implicated in collusion with the complainant. He is innocent of the offences alleged. He is coming from a respectable family having good moral character. He is a victim of criminal conspiracy committed by the father of the prosecutrix. In her statement u/sec.164 Cr.P.C ., the prosecutrix has not incriminated the petitioner. Even if the entire case of the prosecution is taken into consideration, no case is made out against the petitioner. The Sessions Court has erred in rejecting the bail application of the petitioner. Already charge sheet is filed and as such, the custodial presence of the petitioner is no longer required. If the age of the prosecutrix is considered from the date of delivery, she is a minor. If her age is considered from the date of conception, she is 18 years 2 months. The petitioner is ready and willing to abide by any of the conditions that may be imposed and prays to allow the petition.

(3.) Learned High Court Government Pleader submitted oral objections stating that as on the date of incident, prosecutrix was aged 17 years. She was studying in first PUC. When the prosecutrix has gone to Goravanakolla of Saundatti taluk to her maternal grandmother's place, she came to be acquainted with petitioner. He used to come to Murgod and meet the prosecutrix and he was warned by the complainant. However on 19/3/2023 at 8.00 p.m., under the pretext of answering natures call, prosecutrix left her house. When she did not return, complainant and others went in search of her and after searching her whereabouts, a complaint came to be filed on 22/3/2023.