The timing of the sexual acts in relation to the marriage and the peculiar facts and circumstances of the case influenced the court's decision to grant bail.

JUDGMENT

1. This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.300/2021 of Bagepalli Police Station, Chikkaballapura, for the offence punishable under Ss. 363 and 376(2)(n) of IPC, Ss. 4, 6 and 17 of POCSO Act and Ss. 9 and 10 of the Prohibition of Child Marriage Act, 2006.

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 subjected the minor victim girl for sexual act against her wish and also got married her on 21/9/2021. Hence, the police have invoked the offence under Ss. 363 and 376(2)(n) of IPC, Ss. 4, 6 and 17 of POCSO Act and Ss. 9 and 10 of Prohibition of Child Marriage Act.

4. Learned counsel for the petitioner would submit that both the petitioner and the victim were loving each other and both of them went to Hindupura Town, Andhra Pradesh and not subjected her for sexual act prior to marriage and only after the marriage on 21/9/2021, she was subjected to sexual act and 164 statement of the victim girl also discloses that after the marriage, they lived as husband and wife.

5. Per contra, learned High Court Government Pleader for the respondent-State would submit that, in order to show that the victim was subjected to sexual act prior to marriage, no material is placed before the Court. However, the victim girl in her 164 statement states that she was subjected to sexual act after the marriage on 21/9/2021.

6. Having heard the respective counsel and also on perusal of the material available on record, the victim girl went along with the petitioner to Hindupura Town, Andhra Pradesh and though allegation is made in the charge-sheet that on the same day, she was subjected to sexual act in the night in the lodge, but on perusal of the 164 statement of the victim girl, the same discloses that she was not subjected to sexual act prior to marriage and only after the marriage on 21/9/2021 in Yoga Narasimhaswamy Temple, she was subjected to sexual act and they lived as husband and wife.

7. Having taken note of the 164 statement of the victim girl and considering the peculiar facts and circumstances of the case and though the victim is a minor, this petitioner subjected her for sexual act only after the marriage, it is a fit case to exercise the powers under Sec. 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER

The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in Crime No.300/2021 of Bagepalli Police Station, Chikkaballapura, for the offence punishable under Ss. 363 and 376(2)(n) of IPC, Ss. 4, 6 and 17 of POCSO Act and Ss. 9 and 10 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions:

(i) The petitioner shall execute personal bond for a sum of Rs.2, 00, 000.00 (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 prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against him is disposed of.