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

regular bail of the petitioner in Crime No.186/2021 of

Arakalagud Police Station, Hassan District, for the offence

punishable under Sections 9, 10 and 11 of Prohibition of Child

Marriage Act, Sections 323 and 504 of IPC and Sections 12 and

8 of POCSO Act.

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case is that in the

complaint an allegation is made that on 22.04.2021 at 6.00

p.m., the daughter of C.W.3 and C.W.2, who is a minor was

taken and subjected to sexual harassment by the petitioner and

performed her marriage in Masanikamma Temple and abused

and assaulted C.W.2.

4.

The learned counsel for the petitioner would submit

that the victim girl is aged about 17 years 3 months and no

grounds are made out by the prosecution to attract Sections 8

3

and 12 of the POCSO Act and the petitioner has not married the

victim girt at any point of time and question of invoking the

offence of Prohibition of Child Marriage Act, 2006 does not arise.

The learned counsel submits that the victim girl made the

statement before the learned Magistrate that on 22.04.2021

both the victim girl and the petitioner married, but the said fact

was not disclosed to her mother and thereafter the parents of

the petitioner have advised that they are going to perform the

marriage and sent her along with her mother and thereafter she

was subjected to assault and case has been registered. The

learned counsel for the petitioner submits that the victim girl has

not pointed out any act of this petitioner and hence he is entitled

for bail.

5.

Per contra, the learned High Court Government

Pleader appearing for the respondent-State submits that in 164

statement, a specific allegation is made against the petitioner

that he married the victim girl on 22.04.2021 and the same was

not disclosed to her mother and thereafter the parents of the

petitioner advised that they are going to perform the marriage

and sent her along with her mother. Hence, it is clear that child

marriage was performed and hence there is a prima facie case.

4

6.

Having heard the learned counsel for the petitioner

and the learned High Court Government Pleader appearing for

the State and also on perusal of the allegations made in the

complaint, though allegation is made that she was subjected to

sexual harassment, the victim girl has not stated anything about

subjecting her for sexual harassment except stating that they

have married on 22.04.2021 and with regard to marrying a

minor girl, it attracts the provisions of Prohibition of Child

Marriage Act, but insofar as POSCO Act is concerned, not found

any allegations in the statements recorded under Section 164(5)

of Cr.P.C. Having taken note of the fact that the petitioner is in

custody from 04.10.2021 and investigation has been completed

and charge-sheet has been filed, it is appropriate to grant bail in

favour of the petitioner.

7.

In view of the discussions made above, I pass the

following:

ORDER

The petition is allowed. Consequently, the petitioner shall

be released on bail in connection with Crime No.186/2021 of

Arakalagud Police Station, Hassan District, for the offence

5

punishable under Sections 9, 10 and 11 of Prohibition of Child

Marriage Act, Sections 323 and 504 of IPC and Sections 12 and

8 of POCSO Act, subject to the following conditions:

(i)

The petitioner shall execute his 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 ti