The petitioner is before this Court seeking enlargement on

bail in relation to Crime No.27/2022 registered for offences

punishable under Sections 376(2)(n) of the IPC and Sections 6

and 10 of the Protection of Children from Sexual Offices Act,

2012, having been turned down by the Additional City Civil &

Sessions Judge, FTSC-II, Bangalore in Criminal Miscellaneous

No.2829 of 2022.

2. Heard Ms. K. Raksha Keerthana learned counsel

appearing for the petitioner and Sri V.S.Vinayaka, learned High

Court Government Pleader for the respondent.

3. The complainant is one C.Radha who has registered a

complaint on 5-03-2022. The complaint against the petitioner is

that when she was 15 years old the family members of the

complainant decided to get her married to the petitioner. An

engagement ceremony to that effect was held on 22-04-2015

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between the complainant and the petitioner. As per the customs

of the community in terms of the complaint, after performance of

engagement ceremony the girl is sent to the marital home under

a ceremony after she attains majority. Therefore, on 10.02.2019

the ceremony of sending the daughter to the marital home i.e.,

the home of the petitioner took place. The allegation in the

complaint is that in between the dates 22.04.2015 when the

engagement ceremony took place and ceremony of sending the

daughter to the house of the petitioner whom she married, the

couple had visited Bangalore on number of occasions. The

complaint narrates that the petitioner purchased a mobile phone

when the complainant pleaded that she did not have mobile

phone, celebrated birthday parties and also travelled to

Hyderabad. In the month of March 2016, it is alleged, that the

petitioner had sexually assaulted the complainant and also had

sex on several occasions against her wish. The complaint

further narrates that the complainant attained majority on

10-07-2018 and the parents of either side finalized the

completion of marriage formalities on 10-02-2019. Above all, it is

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the allegation in the complaint that the petitioner after

completion of marriage ceremonies on 10-02-2019 has changed

a lot and his behavior became rude. He began looking at

another girl, used to ignore the complainant and praising the

other girl whenever he found such opportunity. Notwithstanding

the admitted marriage between the complainant and the

petitioner, a complaint was registered that the petitioner had

indulged in such activities which would become offences under

the POCSO Act and also under Section 376(2)(n) of the IPC for

his rude behavior. On the basis of the said complaint, a crime is

registered in Crime No.27 of 2022 for the aforesaid offences. The

Police, after investigation, have also filed a charge sheet in the

matter against the petitioner and the petitioner right from the

date of registration of crime has been in judicial custody i.e.,

from 5-03-2022.

4. The learned counsel appearing for the petitioner would

vehemently argue and contend that the entire act of the

complainant is in abuse of the process of law, as the

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complainant has registered several cases against the petitioner,

one of which was before the family Court at Hyderabad seeking

annulment of marriage in O.P.No.577 of 2021. Father of the

petitioner has registered a complaint in Crime No.238 of 2021

before the Police in Rajasthan for offences punishable under

Section 420, 406 and 120B of the IPC. The complainant has also

invoked the provisions of the Protection of Women from

Domestic Violence Act in Criminal Miscellaneous No.98 of 2021

before the Court at Bangalore. With all these proceedings, the

contention of the complainant is that she is the legally wedded

wife of the petitioner and the incidents that have happened

between 2015 and 2019 are now sought to be raked up both by

the father for the offence of cheating and POCSO by the

complainant. The learned counsel would submit that the Police

have filed charge sheet after investigation and there is no

requirement for any