RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court under Sec. 439 of Cr.P.C, seeking regular bail in Crime No.42/2021 registered by Peresandra Police Station, Chikkaballapura District for the offences punishable under Sec. 366, 376(2)(n) of IPC, 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.

(2.) Heard the learned counsel for the parties.

(3.) Facts leading to filing of this petition narrated briefly are, on the basis of statement of minor victim girl recorded by the Police on 5/12/2021, FIR was registered in Crime No.42/2021 against the petitioner for the aforesaid offences. In her statement, the victim girl has stated that she was in love with the petitioner and about ten months prior to her statement, she had gone along with the petitioner to Siddaganahalli village, Chikkaballapura Taluk and got married in a temple. After the marriage, she started residing along with her grand parents at Siddaganahalli Village. During the said period, the petitioner allegedly had physical contact with her. On 5/12/2021, she had gone to Chikkaballapura Village Government Hospital since she was suffering from severe stomach pain. By then, she was 9 months pregnant. Her statement was recorded in the hospital by the Police, based on which, FIR was registered in Crime No.42/2021 against the petitioner. The petitioner was arrested on 7/12/2021. The bail application filed by the petitioner in Crl.Misc.No.15/2022 before the Addl. District & Sessions Judge, FTC-I at Chikkaballapura was dismissed on 20/1/2022. It is under these circumstances, the petitioner is before this Court.