The court considered the victim girl's 164 statement, completion of investigation, and charge-sheet filing in allowing the petitioner's bail application in a case involving offences under IPC, POCSO Act, and Prohibition of Child Marriage Act.

ORDER :

H.P. Sandesh, J.

1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No. 116/2021 of Arasikere Rural Police Station, Hassan, for the offences punishable under Sections 366A, 376(2) and 354A of IPC, Sections 6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short) and Section 9 of the Prohibition of 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 this petitioner married the minor girl aged about 15 years knowing fully well that she is a minor and thereafter went and stayed in a shed situated in Sy. No. 32/2 and subjected her for sexual act. The allegation against accused No. 2 is that he is the maternal uncle of the victim girl and he made an attempt to subject her for sexual act and assaulted her that why she is going and staying in others house. Hence, he has been arraigned as accused No. 2.

4. The learned counsel for the petitioner submits that accused No. 2 had lodged the complaint making the allegation against accused No. 1 and based on the complaint, case has been registered at the first instance for the offences punishable under Section 363 of IPC and thereafter 164 statement of victim girl was recorded on 02.09.2021, wherein specific allegation is made against accused No. 2 and also she has given the reason that when accused No. 2 made an attempt to subject her for sexual intercourse, she was having acquaintance with this petitioner and both started to love each other and without informing accused No. 2 she left the house and both of them married at Eshwara Temple and thereafter had sexual intercourse. The learned counsel submits that in 164 statement, the victim girl has narrated the circumstances under which she went and married this petitioner and also the petitioner has not subjected her for sexual act prior to marriage and only after the marriage, they lived like husband and wife and a false complaint is given by accused No. 2 and hence the petitioner may be enlarged on bail. The learned counsel submits that charge-sheet has already been filed and no need of further custodial trail.

5. Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that the victim girl is aged about 15 years and knowing fully well that she is a minor, this petitioner contracted marriage and thereafter subjected her for sexual act.

6. 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 available on record, particularly 164 statement of the victim girl, she has stated that an attempt was made by accused No. 2 subjecting her for sexual act and hence she went along with this petitioner and both of them married in a Temple and thereafter lived as husband and wife. Taking note of the peculiar facts of the case under which the marriage was taken place and the allegation is that after the marriage only both of them had sexual intercourse and investigation has already been completed and charge-sheet is also filed and hence it is a fit case to exercise the powers under Section 439 of Cr.P.C.

7. In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 116/2021 of Arasikere Rural Police Station, Hassan, for the offences punishable under Sections 366A, 376(2) and 354A of IPC, Sections 6, 8 and 12 of POCSO Act and Section 9 of the Prohibition of Child Marriage Act, subject to the following conditions:

(i) The petitioner shall execute his personal bond for a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering the p