ORAL ORDER

Accused in Crime No.64/2024 registered by Channapatna Rural Police Station, Ramanagara District for the offences punishable under Sections 363, 344, 366(A), 376(2)(n) of IPC, Sections 5(L), 4(1) & 6 of the Protection of Children from Sexual Offences Act, 2012 ( for short, 'POCSO Act') and Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006 is before this Court seeking regular bail.

2. Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1.

3. Respondent No.2 who is served in the matter has remained unrepresented.

4. FIR in Crime No.64/2024 was registered by the Channapatna Rural Police Station, Ramanagara District against unknown person for the offences punishable under Section 363 of IPC on the basis of first information received from respondent No.2 herein who is the mother of the victim girl aged about 17 years. During the course of investigation, the petitioner and the victim girl were traced together in Bengaluru on 07.04.2024. The petitioner was produced before the jurisdictional Court and remanded to judicial custody on 08.04.2024. Investigation in the case is complete and charge sheet has been filed.

5. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.341/2024 was dismissed on 09.05.2024. Therefore, he is before this Court.

6. Learned counsel for the petitioner submits that the petitioner and the victim girl were in love. Since the parents of the victim had opposed the same, the petitioner and the victim girl had eloped and subsequently they were traced together by the police. The victim girl has not made any serious allegations against the petitioner in her statement recorded under Section 164 of Cr.P.C, Accordingly, he prays to allow the petition.

7. Per contra, learned HCGP has opposed the petition. He submits that the victim girl is a minor and therefore, the alleged offences get attracted against the petitioner. Accordingly, he prays to dismiss the petition.

8. FIR in Crime No.64/2024 was registered initially for the offence punishable under Sections 363 of IPC after the victim girl was found missing from her house. During the course of the investigation, the petitioner and the victim girl were traced together on 07.04.2024 at Bengaluru and they were brought back to their village.

9. The material on record would go to show that, the petitioner and the victim girl were acquainted to each other and they were in love. The statement of the victim girl under Section 164 of Cr.P.C, was recorded on 23.04.2024 wherein she stated that she was in love with the petitioner and since her family members were not agreeable for their relationship they decided to elope and on 17.03.2024 she left the house and traveled with the petitioner to Mahadeshwara Hills and from Mahadeshwara Hills they had returned to Bengaluru and stayed in the house of the petitioner's friend at Kaggalipura in Bengaluru. Subsequently, the police came to Kaggalipura and brought the petitioner and the victim girl to their village.

10. The material on record would go to show that, from 18.03.2024 till 07.04.2024, the petitioner and the victim girl had stayed in the house of the petitioner's friend at Kaggalipura together. It is alleged that the petitioner had married the victim girl in a temple on 05.04.2024 and thereafter they had sexual intercourse in the house of the petitioner's friend at kaggalipura. But the victim girl has not made any allegation in her statement recorded under Section 164 of Cr.P.C, against the petitioner. Investigation in the case is complete and charge sheet is filed. The petitioner who is aged about 24 years is in custody from 08.04.2024. Under the circumstances, I am of the opinion that the prayer made by him for grant of bail is required to be answered affirmatively.

11. Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in Crime No.64/2024 registered by Channapatna Rural Poli