HANUMANTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition for anticipatory bail is by sole accused in Crime No.248/2024 by Halageri Police Station for offences punishable under Sec. 376(2)(n) of Indian Penal Code ('IPC' for short), Sec. 9 of Prohibition of Child Marriage Act 2006 ('PMC Act' for short) and Ss. 6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 ('POCSO' for short).

(2.) Sri Harshawardhan M. Patil, learned counsel for petitioner submitted, petitioner was a law abiding citizen belonging to respectable family having reputation in society and a permanent resident of Kamadod village, Ranebennur Taluk of Haveri District having movable and immovable properties. And that had not committed any offences including those alleged against him. However, apprehends his arrest in pursuance of Crime no.248/2024 (supra). It was submitted, complaint was filed by Anganawadi Worker alleging that on 13/9/2024 she received intimation from PHC, Itagi, stating that a minor girl of Kamadod village, (victim) was pregnant. On enquiry, she found that marriage of petitioner and victim was solemnized on 18/2/2024 and thereafter she had become pregnant which would constitute offences as alleged. Based on said complaint, Crime no.248/2024 (supra) was registered.

(3.) It was submitted, marriage of petitioner and victim was solemnized with consent and blessings of family members and elders. It was thereafter consummated and led to pregnancy of victim. It was submitted even as per prosecution, age of victim was 17 years 8 months when she has become pregnant, while petitioner was unaware about minority of victim and who had in any case indulged in sexual intercourse consensually. Besides, petitioner was having movable and immovable properties and was permanent resident of Kamadod village. Therefore, he was unlikely to flee justice. On above grounds sought anticipatory bail.