PRASANNA G. H. Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 439 of Cr.P.C. for enlarging him on bail in Ramanagara Women Police Station in Crime No.146/2023 (Spl.C.C.No.32/2024) registered for the offences punishable under Ss. 376(2)(n) of IPC, and under Ss. 4(2), 5(L), 5(j) and 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO' Act), and under Sec. 9 of the Prohibition of Child Marriage Act, 2006 pending on the file of I Addl. District and Sessions Judge, Ramanagara.

(2.) Heard the learned counsel for the petitioner and learned HCGP as well as learned counsel for respondent No.2. Perused the records. Learned counsel for respondent No.2 has filed an affidavit stating that the petitioner was married to the victim girl during her minority and now even they are prepared to arrange marriage after victim girl attaining the age of majority.

(3.) The allegations of the prosecution disclose that the petitioner and victim girl were in love with each other and the victim girl was minor, as a result the family members opposed their marriage. It is alleged that on 20/3/2023, the petitioner having knowledge that victim is a minor eloped with the victim girl by enticing her and took her to Dharmasthala, wherein he married her. Later on, he took her to the house of his friend Nagesh, in Kenakuppe Village of Hunasuru Taluk, wherein he had committed aggravated penetrative sexual assault on the victim girl having knowledge that she is minor, as a result victim became pregnant. Then she was brought to the hospital wherein considering her age and pregnancy, matter was reported to the concerned police. Meanwhile the pregnancy was also terminated. When the matter was reported by the hospital authorities to CDPO she lodged a complaint. On the basis of the complaint FIR came to be registered and petitioner was arrested and remanded to custody. Meanwhile investigation is also concluded and charge sheet has been laid down. The petitioner has also approached the learned Sessions judge/Spl. judge and the learned Sessions judge/Spl. judge has rejected the bail petition. Hence, the petitioner is before this Court.