The main legal point established in the judgment is that the nature of the relationship between the victim and the petitioner, including the validity of the marriage and allegations of forced love and marriage, influenced the court's decision in granting bail.

JUDGMENT

1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No. 10/2022 registered by Sanjay Nagar Police Station, Bengaluru, for the offence punishable under section 376 of IPC and section 4 of POCSO Act and section 9 of 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. High Court Government Pleader submits that respondent No. 2 has been notified of this petition.

3. The factual matrix of the case of the prosecution based on the statement of the victim is that the victim as well as this petitioner were loving each other and both of them got married, thereafter the petitioner took her to Bengaluru and both of them led the life as husband and wife and thereafter she became pregnant. When the victim went to the hospital, based on her statement, case has been registered invoking section 376 of IPC, section 4 of POCSO and section 9 of the Prohibition of Child Marriage Act.

4. The learned counsel for the petitioner submits that the very statement made by the victim girl clearly discloses that both of them were having acquaintance with each other and they were loving each other. When she refused to marry him, he took care of her and he married her and the same itself clearly discloses that marriage was also performed with the consent of the family members. Thereafter they lived as husband and wife and she became pregnant on account of the marriage. There is also no complaint of sexual act prior to marriage. Investigation is already completed and charge sheet is also filed.

5. Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that the victim was minor at the time of marriage. Offence under section 9 of the Prohibition of Child Marriage Act is invoked. Apart from that victim was subjected to sexual act and she has become pregnant.

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, the allegation that is made against this petitioner is that he forced the victim girl to love him and when she refused, he promised that he would marry her and take care of her. The statement of the victim also reveals that both of them were loving each other and thereafter both of them married in the presence of the family members, they were living as husband and wife in Bengaluru and she also became pregnant. When she was taken to the hospital, based on her statement case is registered. Having taken note of the fact that they both were married and both of them lived as husband and wife and no specific allegation of subjecting her for sexual act by the petitioner prior to the marriage is made, this court is of the view that it is a fit case for exercising power under section 439 of Cr.P.C since investigation is already completed and charge sheet is also filed.

7. High Court Government Pleader submits that since the petitioner is from Assam, there is likelihood of he fleeing away from justice. If he gets absconded, it will be difficult to secure him for trial. Taking note of the submission of the High Court Government Pleader that there are chances of the petitioner being fleeing away from justice, it is appropriate to impose a condition on the petitioner to furnish local sureties. Counsel for the petitioner submits that the petitioner will furnish two local sureties. Hence, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 10/2022 registered by Sanjay Nagar Police Station, Bengaluru, for the offence punishable under section 376 of IPC and section 4 of POCSO Act and section 9 of 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/- (Rupee