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2022 Supreme(Kar) 651

H. P. SANDESH
Harisha – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Abhilash Kumar M.N., Advocate, M.R.Nanjunda Gowda, Advocate, H.S.Shankar, Advocate

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 wi

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