This petition is filed by the sole accused 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.115/2022 of

Ramadurg

Police

Station

registered

for

the

offences

punishable

under

Sections

363,

376(2)(n),

506

of

The

Indian

Penal

Code

(hereinafter referred to as the 8IPC9, for brevity)

and Sections 4 and 6 of Protection of Children

from

Sexual

Offence

Act,

2012

(hereinafter

referred to as the 8POCSO Act9 for brevity).

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The case of the prosecution is that one

Hansraj Choudari has filed the complaint stating

that he is residing in Ramadurg along with his wife

and children, having a sweet mart and his minor

daughter victim girl is aged 17 years 9 months

studying in II^nd year PUC. On 27.06.2022 the

victim girl has left the house at 7.40 a.m., went to

the college and she did not return till 5.15 p.m.

The complainant called the victim9s mobile and it

was switched off. He enquired with the college

and was informed that the victim has not come to

the college. They made search but she was not

traced. The said complaint came to be registered

in Crime No.115/2022 of Ramadurg Police Station

for the offence punishable under Section 363 of

IPC against unknown person.

The theory put forth by the prosecution is that

the victim girl and the petitioner were traced on

30.06.2022 and the statement of victim girl has

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been recorded. The victim girl stated that she

came to know the petitioner through F Snap chat

and as he belonged to their community she

accepted the friend request. They started talking

to each other and started loving each other. The

petitioner

asked

the

victim

girl

to

come

to

Tirumala Hotel at Ramadurg on 27.06.2022 and

both of them traveled by flight from Belagavi to

Bengaluru and later went to Coimbatore and

stayed

in

Murugan

Lodge,

wherein

the

petitioner/accused has committed forcible sexual

intercourse on her by threatening her. While they

were traveling in the train her relative met her in

Sholapur and he in turn informed the victim9s

parents.

The petitioner/accused came to be

arrested on 01.07.2022 and he is in judicial

custody.

The

Police

after

completing

the

investigation

filed

charge

sheet

against

this

petitioner/accused

for

the

offences

punishable

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under Sections 363, 376(2)(n), 506 of IPC and

Sections 4 and 6 of POCSO Act. The petitioner has

filed Criminal Miscellaneous No.1203/2022 seeking

bail and the same came to be rejected by the

Additional District and Sessions Judge FTSC-I,

Belagavi by order dated 19.09.2022. Therefore,

the petitioner/accused is before this Court seeking

bail.

3.

Heard the arguments of learned counsel

appearing for petitioner and learned High Court

Government Pleader for respondent No.1-State.

Inspite

of

service

of

notice

respondent

No.2/complainant

remained

absent

and

unrepresented.

4.

Learned counsel for the petitioner would

contend that on perusal of the statement of victim

girl it is clear that she is in love affair with this

petitioner. The victim is aged 17 years 9 months

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as on the date of alleged offence. The victim is of

the age of understanding the consequences of her

acts. The doctor who examined the victim girl has

opined that her dental age is 18 to 19 years and

skeletal age is more than 20 years. It is his

further submission that as per call detail records it

is the victim girl had made phone calls on the date

of alleged kidnap. The petitioner is not married

and he is carrying business at Coimbatore. The

petitioner is ready to abide by any terms and

conditions imposed by this Court. As the charge

sheet is filed, the petitioner is not required for

custodial interrogation. With this, he prayed for

allowing the petition.

5.

Per

contra,

learned

High

Court

Government Pleader would contend that, the date

of birth of the victim girl is 07.09.2004 as per her

birth certificate and SSLC marks card. The

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statement of the victim girl has been recorded

under Sect