Accused No.1 in Spl.C.C.No.587/2023 pending on the file

of Addl. District and Sessions Judge at Bengaluru Rural (FTSC-

III), arising out of Crime No.113/2023 registered by Hebbagodi

Police Station, Bengaluru District, for the offences punishable

under Sections 366A, 344, 376(2)(I), 376(2)(n) of Indian Penal

Code (for short hereinafter referred to as 'IPC') and Sections

4(1)(5(L), 6 of Protection of Children from Sexual Offences Act,

2012 (for short hereinafter referred to as 'POCSO') and under

Sec.9 of Child Marriage Prohibition Act is before this Court

under Section 439 of Cr.P.C. seeking regular bail.

Heard the learned Counsel for the petitioner and

learned High Court Government Pleader for respondent-State.

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Respondent No.2-defacto complainant who is served in the

matter has remained absent.

3.

On the basis of the complaint dated 08.03.2023

lodged by the 2ndrespondent who is the mother of the victim

girl, FIR in Crime No.113/2023 was registered by the

Hebbagodi police station, Bengaluru District, initially for the

offence punishable under Section 363 of IPC against the

petitioner herein. In the complaint, it is averred that on

06.03.2023 at about 8.00 am, the complainant had gone out

from the house for work and her minor daughter-victim girl

who had not gone to the school was in her house. At about

2.00 pm, the victim girl had gone out of the house to purchase

milk. But thereafter, she had not returned home. Efforts made

by the complainant and her family members to trace the victim

girl went in vain. The complainant suspected the hand of the

petitioner in the case. Therefore, she had approached the police

and lodged the complaint which had resulted in registering FIR

in Cr.No.113/2023 by Hebbagodi police station against the

petitioner. During the course of investigation in the said case,

the petitioner and the victim girl were traced on 22.03.2023

and they were brought back to the village. The petitioner was

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produced before the jurisdictional court and remanded to

judicial custody. The victim girl was subjected to medical

examination and her statement was recorded under Section

164 of Cr.P.C., before the learned jurisdictional Magistrate.

Investigation is completed and charge sheet has been filed. The

petitioner's bail application filed before the Court of Addl.

District and Sessions Judge, FTSC-III, Bengaluru Rural District,

Bengaluru in Crl.Misc.1673/2023 was rejected on 01.09.2023.

It is under these circumstances, the petitioner is before this

Court seeking regular bail.

4.

Learned counsel for the petitioner submits that

investigation in this case is completed and charge sheet has

been filed. Material on record would go to show that the

petitioner and the victim girl were in love. The victim girl has

voluntarily accompanied the petitioner and they got married.

The victim girl has not made any serious allegation about

forcible sexual assault on her by the petitioner. The petitioner

who is aged about 22 years has no criminal antecedents and he

is in custody from 22.03.2023 onwards. Accordingly, prays to

allow the petition.

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5.

Per contra, learned High Court Government Pleader

opposed the bail petition and submits that the victim girl is a

minor, aged about 16 years. Therefore, the alleged offences get

attracted against the petitioner and accordingly, prays to

dismiss the petition.

6.

FIR in Cr.No.113/2023 was registered by the

Hebbagodi police station against the petitioner herein based on

the complaint lodged by the mother of the victim girl. In the

complaint itself, the complainant had suspected the hand of the

petitioner after the victim girl was found missing from her

house on 06.03.2023. During the course of investigation, the

petitioner and the victim girl were traced in Koonikere Village,

Hiriyuru Taluk, Chitradurga District on 22.03.2023. The victim

girl was subjected to medical examination and before the

doctor the victim girl has stated that she and the petitioner

were in l