ORDER

This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. for enlarging him on bail in Spl. Case No.163/2023 arising out of Crime No.240/2023 of Channapatna Rural Police Station, Ramanagara District for the offences punishable under Sections 363, 366(A), 376(2)(n) of IPC and Sections 4(1), 5(L) and 6 of POCSO Act, 2012 pending on the file of Additional District and Sessions Judge and Special Judge, Ramanagara.

2. The brief factual matrix leading to the case are as under:

The victim girl who is the minor and petitioner were in love with each other and petitioner alluring the victim, on 28.08.2023 at about 11.00 a.m. took the minor victim by kidnapping her from the custody of the guardian with an intention to marry her. Subsequently, the victim girl as well as the petitioner was found in Malekoppe Village in Yelaburga Taluk of Koppala District and they were brought to the jurisdictional Police Station. In this regard, initially a missing complaint was registered and thereafter when victim was traced other crimes under the provisions of POCSO Act were incorporated. The petitioner was apprehended and was produced before the Special Judge and he was remanded to the Judicial custody. In the meanwhile, after completing the investigation, the Investigating Officer has submitted the charge sheet. The petitioner/accused has approached the learned Special Judge and the learned Special Judge has rejected the bail petition. Hence, the petitioner is before this Court.

3. Heard the arguments advanced by learned counsel for the petitioner and learned HCGP. Perused the records.

4. The petitioner has been prosecuted for the offences punishable under Sections 363, 366(A), 376(2)(n) of IPC and Sections 4(1), 5(L) and 6 of POCSO Act. The allegation of the prosecution is that the petitioner/accused in order to marry the victim girl allured her and kidnapped her from the custody of the minor guardian and took her to his village with an intention to marry her. She was traced and a crime came to be registered.

5. The statement of the victim was recorded by the learned Magistrate under Section 164 of Cr.P.C. On perusal of statement under Section 164 of Cr.P.C. of the victim, it is evident that the petitioner has proposed the victim but, the same was opposed by her brother. Her further statement disclose that then she voluntarily went to Koppala on the ground of securing the petitioner and later on, she stayed there for six days and on seventh day, the Police came there and they were brought to Chennapattana Rural Police Station and she was kept in the Balamandira. She has also specifically asserted that it is infact her mistake and she asserted that there is no mistake on the part of the petitioner.

6. The victim was also subjected to medical examination and on perusal of the medical examination report, it is evident that her hymen is intact. However, the medical opinion discloses that she had sexual relationship with the petitioner. But, at the same time, no injuries were found on her body. In her 164 of Cr.P.C. statement she disclosed that all the initiation was on her part only. The police records also disclose that initially when the petitioner and the victim girl were traced in Bedigeri Village, Koppal and notice was served on the petitioner asking him to appear before the Investigation Officer, but, he expressed his inability to travel to such a long distance as he is not financially sound enough and hence, he voluntarily travelled with the police. These aspects disclose that the petitioner never attempted to tamper with the prosecution witnesses or jump on bail and he has voluntarily surrendered before the Investigating Officer. The investigation is concluded and charge sheet is laid down. The presence of the petitioner is no more required by the Investigation Officer.

7. Considering these facts and circumstances, I do not find any impediment for admitting the petitioner/ accused on bail as his presence is not required. Hence