DEVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is a petition filed by the petitioner -accused No. 1 under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Section 363 and 344 of IPC registered in respondent Police Station Crime No. 69/2012 and after completion of the investigation Police have submitted the charge sheet against the petitioner and four other accused persons for the alleged offences punishable u/s. 344, 366, 376(1) of IPC, u/s. 6 and 16 of the POCSO Act, 2012 and u/s. 9 and 10 of The Prohibition of Child Marriage Act, 2006.

(2.) THE averments of the complaint in brief are that, mother of the victim girl lodged complaint stating that the victim was aged 17 years and she was the resident of Chickbudihal village. She was a minor and on 17.02.2014 at about 8.30 to 9.00 p.m. when the victim girl had gone behind her house for answering the nature's call, the accused caught her by closing her mouth and kidnapped her on the motorcycle with the assistance of accused No. 2 and went to Anavatti village. From there, with the assistance of accused No. 3 gone to Balligave temple. On 18.02.2014 the petitioner with the intention to marry her secured necessary articles with the help of accused No. 4. The petitioner with the assistance of accused Nos. 2 to 4 married the victim girl. Thereafter the petitioner took her to the house of accused No. 5 situated at Hullinakoppa village and took shelter there for three days where he had sexual intercourse with her against her will. Thereafter he returned to Haunsbhavi village and compromised with the family members of the victim and compromised to keep her making separate arrangement for her. The petitioner kept the victim girl in a pump house situated in the village. Petitioner used to provide her food regularly and at that time he had sexual intercourse with her for about two months.

(3.) LEARNED counsel for the petitioner made submission that, looking to the averments it is seen that when the victim girl went out of the house to answer nature's call at about 7.00 p.m. the petitioner took her and kept in a pump house in the land and confined her. He used to lock the room from outside, he was regularly providing food to her. Hence, learned counsel made submission that, in the complaint there is no allegation or averment that by keeping the victim girl in such a place, petitioner used to have sexual intercourse with her.