KARANIDHAN Vs. STATE BY ARASIKERE TOWN POLICE STATION

JUDGEMENT

(1.) This petition is filed by the accused No.4 under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Section 363 of IPC registered in respondent police station Crime No.58/2017, subsequently, the alleged offences under sections 366A, 370, 376 of IPC and also Sections 4 and 8 of the POCSO Act and Sections 9, 10 and 11 of the Child Marriage Restraint Act were also inserted in the case after completion of investigation and filing the charge sheet.

(2.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.4 and also the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned counsel for the petitioner during the course of his arguments took this Court to the statements of the victim girl given before the police and also before the Court under Section 164 of Cr.P.C. and submitted that so far as the petitioner is concerned, he was not having the knowledge that the victim girl was only 17 years old and was a minor. Referring to the statement recorded under Section 164 Cr.P.C., he has stated that victim herself has stated that she married the present petitioner and she is treated properly in the said house. Now the investigation is completed and charge sheet is also filed. Hence, by imposing reasonable conditions, petitioner-accused No.4 may be enlarged on bail.