The heinous nature of the offences and prima facie evidence are crucial factors in determining bail applications in cases involving sexual offences against minors.

ORDER :

1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.103/2021 of Jagalur Police Station, Davanagere, for the offence punishable under Sections 363 and 376(2)(n) of IPC, Section 6 of the Protection of Children from Sexual Offences Act CPOCSO Act' for short) and Sections 9 and 11 of the Prohibition of the Child Marriage Act.

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

3. The factual matrix of the case of the prosecution is that the complainant, who is the father of the victim girl, filed a complaint stating that his daughter Padmavathi, who is aged about 16 years is pursuing SSLC. That on 14.06.2021, he went to the land for work and his daughter was alone in the house. When he came back from work, she was not in the house and they have searched in the house of her relatives and friends and she was not there and hence suspected the role of the petitioner and gave the complaint. Based on the complaint, the police have registered the case for the offence punishable under Section 363 of IPC. Thereafter, during the course of investigation, secured the petitioner as well as the victim girl. On enquiry, the victim girl disclosed that both of them fell in love. The accused came to the house and persuaded her that he would marry her and with the assistance of her friends took her in a bus to Ilkal and kept her in a house and subjected her for sexual act. The victim also disclosed that on 26.06.2021, he took her to the house of one Manjula and there also he has committed forcible sexual intercourse from 27.06.2021 to 18.07.2021. The victim was subjected to medical examination. 164 statement of the victim was also recorded by the learned Magistrate and hence invoked the offence punishable under Sections 363 and 376(2)(n) of IPC, Section 6 of the POCSO Act and Sections 9 and 11 of the Prohibition of the Child Marriage Act.

4. The learned counsel for the petitioner would vehemently contend that the police have already investigated the matter and filed the charge-sheet. This petitioner is arraigned as accused No.1. The incriminating material has already been recovered from the petitioner and hence this petitioner is no more required for further investigation. The learned counsel submits that accused Nos.2 to 4 are granted bail by this Court in Crl.P.No.6659/2021 and hence this petitioner is also entitled for bail on the ground of parity. The petitioner undertakes to obey the conditions that may be imposed by this Court.

5. Per contra, the learned High Court Government Pleader appearing for the respondent State would contend that it is not in dispute that the victim girl is aged about 16 years. In her 164 statement, she categorically says that both of them led life like husband and wife. The medical evidence is also clear that she is subjected to sexual act.

6. This Court taking into consideration the sexual assault certificate issued by the doctor, ordered to keep the doctor present before the Court regarding non-furnishing of the opinion. The Medical Officer is secured and enquired with him regarding report is concerned and there is no answer from the Medical Officer regarding non-furnishing of opinion with regard to sexual assault and issuance of the certificate.

7. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State and also on perusal of the material on record, the father of the victim girl had lodged the complaint on 16.06.2021 stating that his daughter is missing from 14.06.2021 and suspected the role of the petitioner. At the first instance, the offence under Section 363 of IPC is invoked against the petitioner. Thereafter, the petitioner as well as the victim girl were secured from Andhra Pradesh. On enquiry, she revealed about subjecting her for sexual act. It is pertinent to note that the victim was subjected to med