BHARATH KUMAR.D. Vs. STATE

JUDGEMENT

(1.) M.K. Doddi Police registered a case in Crime No.37/2016 for the offence punishable under section 363 of IPC and later converted for the offence punishable under section 366 -A of IPC and Section 9 of the Prohibition of the Child Marriage Act and also u/s.12 of the POCSO Act, 2012.

(2.) The brief factual matrix that emanate from the records are that - The petitioner and the victim girl (aged about 17 years) were in love with each other and it appears, they went together and got married. During the course of investigation, the statement of the victim girl was recorded u/s.164 of Cr.P.C. She reiterated that she has been loving the petitioner and on 28.3.2016 at about 7.00 a.m., she left the house and went along with the petitioner to Ramanagaram and then they stayed there together till 3.4.2016 and on that day, they went to a temple and got married. Thereafter on 4.4.2016, they came back to Channapatna. She stated that she was never kidnapped by anybody and she voluntarily went along with the petitioner.

(3.) Looking to the above said facts and circumstances of the case, it reveals that there is no whisper with regard to the sexual harassment by the petitioner on her. Whether the provisions u/s.363 of IPC is attracted or not, is to be looked into by the Court during the course of trial. In this case, though the victim girl was a minor, sexual relationship has not been stated to be in existence between the parties as per her statement and as the petitioner has already been arrested and he has been in Judicial Custody since 6.4.2016, it appears interrogation has already been done. Therefore, in my opinion, the petitioner is entitled to be released on bail. Hence, the following: ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.37/2016 for the offence punishable under Section 363 of IPC subject to the following conditions: