SUSHEELA Vs. STATE

JUDGEMENT

(1.) Accused No.2 in Spl.C.No.676/2022 pending before the Court of Additional District Judge and FTSC-II, Bengaluru Rural District, Bengaluru arising out of Crime No.187/2022 registered by Hebbagodi Police Station, Bengaluru District for the offence punishable under Sec. 376 R/w 34 of IPC and Ss. 4 and 17 of Protection Of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Sec. 9 of The Prohibition of Child Marriage Act, 2006 is before this Court seeking regular bail.

(2.) Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.

(3.) On the basis of statement dtd. 10/6/2022 made by the victim girl, who is the daughter of petitioner herein, FIR in Crime No.187/2022 was registered by Hebbagodi Police Station against one Chetan and the petitioner herein for the aforesaid offences. In the statement it is averred that the victim girl was aged about 16 years and she was studying in 10th standard. She was residing in her house along with her mother and grandmother and her mother was forcing her to get married to Chetan. This was resisted by the victim girl. It is alleged that on 1/2/2022, the petitioner allegedly got the victim girl married to accused No.1 - Chetan, who thereafter had sexual intercourse with the victim girl against her wish. It is in this background, the victim girl had approached the Police along with her maternal aunt on 10/6/2022 and had lodged a complaint. During the course of investigation, the petitioner was arrested on 29/7/2022. The investigation in the case is completed and charge sheet has been filed. The bail application filed by the petitioner before the trial court in Spl.C.No.676/2022 was rejected on 17/9/2022. It is under these circumstances, the petitioner is before this court.