RUDRESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No.1, praying to set- aside the order dtd. 14/9/2023 passed in Crl.Misc.No.717/2023 by the I Additional District and Sessions Judge, Ramanagara, whereunder the bail petition of this appellant - accused No.1 sought in respect of Crime No.89/2023 of Kodihalli Police Station registered for the offences under Sec. 376 of IPC, Ss. 4 and 6 of the POCSO Act, 2012 and Ss. 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 and Sec. 3(2)(v) of SC and ST (POA) Act, came to be rejected.

(2.) Heard learned counsel for the appellant - accused No.1 and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice, respondent No.2 has remained absent and unrepresented.

(3.) The allegation of respondent No.2 - complainant that this appellant - accused No.1 and respondent No.2 had love affair and this appellant - accused No.1 promising to marry her, had sexual intercourse with her. Thereafter, the marriage of respondent No.2 has taken place with accused No.3 and this appellant - accused No.1 intimated accused No.3 of his love affair with the victim girl and therefore, accused No.3 left respondent No.2 in her house. Thereafter, when the victim girl approached this appellant - accused No.1, he promised to marry her and had sexual intercourse and thereafter, parents of the victim girl approached parents of the appellant - accused No.1. They refused to perform the marriage of the victim girl with their son, saying that they belongs to Lingayath Caste and the victim girl belongs to the Schedule Caste. A case in Cr.No.89/2023 came to be registered against the appellant - accused No.1 in Kodihalli Police Station, for the aforesaid offences. The appellant - accused No.1 came to be arrested in the month of August, 2023 and he is in judicial custody.