LAWS(KAR)-2017-11-29

A NITHIN Vs. STATE OF KARNATAKA THROUGH

Decided On November 03, 2017
A Nithin Appellant
V/S
State Of Karnataka Through Respondents

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences punishable under Sections 376 , 420 of IPC and under Sections 4 and 6 of POCSO Act, 2012, registered in respondent - police station.

(2.) The victim girl herself is the complainant in this case, wherein she has stated that giving an impression that after she attains 18 years, he is going to marry her, he had bodily contact with her. The father also has given complaint on 06.05.2017 wherein also he has stated that the accused person was continuously in talking terms with the victim girl and it is also stated the petitioner along with his parents came to the house of complainant and they have requested to give the victim girl in marriage to the petitioner. Even when she had been to Sulya, there also the petitioner used to come and meet her. It is further stated that the daughter made statement before the father that, it is the petitioner who had sexual intercourse on her.

(3.) Perusing the materials produced in this case, they goes to show that there was a love affair between the victim girl as well as the present petitioner and that the parents of both girl as well as the present petitioner, were discussing about performing the marriage of the two. But, in the meanwhile, the father of the victim girl filed a complaint before the police, firstly about her missing and also requesting to take action against the petitioner herein.