This petition is filed by accused No.5 under

Section 439 of The Code of Criminal Procedure, 1973

(hereinafter referred to as the 8Cr.P.C.9, for brevity)

seeking bail in Crime No.8/2020 of Koppal Rural

Police Station registered for the offences punishable

under Sections 363 and 376 of The Indian Penal

Code (hereinafter referred to as the 8IPC9, for

brevity), Section 6 of the Protection of Children from

Sexual Offences Act, 2012 (hereinafter referred to

as 8POCSO Act9, for brevity) and Sections 9, 10 and

11 of the Prohibition of Child Marriage Act.

The case of the prosecution is that, one

Sri.Gumanram Patel (respondent N0.2) has filed

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complaint stating that his daughter, victim girl, aged

15 years, had slept in her bedroom on 14.01.2020 at

about 1:00 pm and on the next day, she was not

found in the bedroom. Accused No.1, who was

closely

moving

with

the

victim

girl,

was

also

missing. The said complaint came to be registered

in Crime No.8/2020 against accused No.1 for an

offence

under

Section

363

of

IPC.

After

investigation, charge sheet has been filed against

accused Nos.1 to 5. The accusation against accused

Nos.3 to 5 is, they helped accused Nos.1 and 2 for

swearing false affidavit to the effect that the victim

girl was aged 20 years. The petitioner/accused No.5

came to be arrested on 26.05.2022 and he is in

judicial custody. The petitioner filed bail application

in Spl.S.C. POCSO No.9/2020 and the same came to

be rejected by the learned Additional District and

Sessions Judge, FTSC-1, Koppal, by order dated

27.06.2022. Therefore, the petitioner is before this

Court seeking bail.

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3.

Heard

the

arguments

of

the

learned

counsel appearing for the petitioner and the learned

High Court Government Pleader for respondent No.1-

State.

Respondent No.2 in spite of service of notice,

has remained absent and unrepresented.

4.

Learned counsel for the petitioner would

contend that, the main accusation is against accused

No.1, who is stated to have kidnapped the victim

girl, aged 16 years and marrying her in the Punjab

State with the help of accused Nos.2 to 5. It is his

further submission that the petitioner/accused No.5

is a retired military person and the only accusation

against him is that, he helped accused No.1 to swear

false affidavit of the victim stating that her age is 20

years and thereafter registered their marriage in the

Sub-Registrar9s Office. It is his further submission

that, the petitioner/accused No.5 is a retired military

person and he has been earlier granted anticipatory

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bail with conditions and as he has not complied

those conditions, he came to be arrested and he is

in judicial custody. It is his further submission that

no

serious

overt

acts are

alleged against

the

petitioner. The petitioner is aged 65 years. As

charge-sheet is filed, the petitioner is not required

for custodial interrogation. With this, he prayed to

allow the petition.

5.

Per contra, learned High Court Government

Pleader would contend that the petitioner, who has

been granted anticipatory bail, has not complied the

conditions

and

has

not

appeared

before

the

investigating agency etc. It is his further submission

that, the petitioner is the resident of Punjab State

and if he is granted bail, it is difficult to secure his

presence for trial. Charge sheet material show prima

facie case against the petitioner for the offences

alleged against him. With this, he prayed to reject

the petition.

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6.

Having regard to the submission made by

the learned counsel for the petitioner and the

learned High Court Government Pleader, this Court

has gone through the charge sheet records and the

orders passed by the Special Court.

7.

The

accusation

against

this

petitioner/accused

No.5

is

that,

he

along

with

accused Nos.2 to 4 performed the marriage of

accused No.1 with the victim girl and helped the

victim girl to swear a false affidavit stating her age

as

20

years

and

thereafter,

registered

their

marriage. The serious act of kidnapping and f