DINESH R. S/O. REVANASIDDAPPA Vs. THE STATE OF KARNATAKA, WOMEN POLICE STATION, DAVANAGERE, REPTD. BY ITS S.P.P., HIGH COURT BUILDING, BENGALURU, 560001

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 376 of IPC, also under Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006 and under Sections 6 and 17 of POCSO Act, registered in respondent police station Crime No. 152/2017.

(2.) Heard the arguments of the learned counsel appearing for the petitioner/accused 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 has submitted that looking to the complaint averments, it goes to show that the marriage between the victim girl and the petitioner was performed. It is his submission that the ingredients of the alleged offence under Section 376 of IPC so also the provisions of the POCSO Act are not at all attracted in this case. At the most, the offence under the Prohibition of Child Marriage Act, 2006 may attract in this case and also submitted that the other accused persons who are the parents of the present petitioner were already released on bail. Hence, he submitted to allow the petition and grant anticipatory bail.