This petition is filed under Section 439 of Cr.P.C. seeking

regular bail of the petitioner/accused in Spl.S.C.No.92/2021 of

Gudibande Police Station, Chickballapura, for the offences

punishable under Sections 366, 376(2)(n) of IPC, Section 6 of

the POSCO Act and Section 9 of the Prohibition of Child Marriage

Act.

2.

Heard the learned counsel appearing for the

petitioner and the learned High Court Government Pleader

appearing for the respondent/State.

3.

The factual matrix of the case is that, the father of

the victim girl has lodged a complaint stating that this petitioner

kidnapped his minor daughter and married her. Thereafter, the

victim was subjected to sexual act, as a result, she became

pregnant and delivered to a girl baby. Based on this complaint,

a case has been registered for the offences punishable under

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Sections 366, 376(2)(n) of IPC, Section 6 of the POSCO Act and

Section 9 of the Prohibition of Child Marriage Act.

4.

The learned counsel for the petitioner would submit

that the police have already investigated the matter and filed the

charge sheet and in 164 statement, the victim herself has made

the statement that her age is 19 years and also she has not

attributed anything against the petitioner in 164 statement and

instead of she made the statement that she gave birth to a girl

child and both of them are living cordially.

5.

Per contra, the learned High Court Government

Pleader appearing for the respondent/State would submit that

she was a minor at the time of the incident and she was

subjected to sexual act is also not in dispute and the victim

herself admitting that she gave birth to a girl child. Hence,

committed an offence of rape as well as the offence under the

POSCO Act. Hence, there is a prima facie case against the

petitioner.

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6.

Having considered the submissions of the learned

counsel appearing for the petitioner as well as the learned High

Court Government Pleader appearing for the State and

particularly on examining 164 statement, wherein, the victim girl

stated her age as 19 years and her statement was recorded on

29.07.2021 and also nothing is attributed against the petitioner

and having taken note of the factual aspects of the case and also

the victim not disputing the fact that she gave birth to a girl

child and they are living cordially and with regard to the age of

the victim as well as the violation of the Prohibition of Child

Marriage Act, it is a matter of trial. This petitioner is in custody

from 18.08.2021. When the investigation has already been

completed, it is a fit case to exercise the powers under Section

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

Spl.S.C.No.92/2021 of Gudibande Police Station, Chickballapura,

5

for the offences punishable under Sections 366, 376(2)(n) of

IPC, Section 6 of the POSCO Act and Section 9 of the Prohibition

of Child Marriage Act, subject to the following conditions:

(i)

The petitioner shall execute personal bond for

a sum of Rs.2,00,000/- (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.

Sd/-

JUDGE

cp*