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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^th DAY OF JUNE, 2021

BEFORE

THE HON9BLE MR. JUSTICE K.NATARAJAN

CRIMINAL PETITION NO.1173 OF 2021

BETWEEN

MR. RAHUL @ NAYAZ PASHA

S/O. CHOTU SAB,

AGED ABOUT 24 YEARS,

RESIDENT OF 11^TH CROSS,

CHAMUNDESHWARI EXTENSION,

GANDHINAGAR, TIPTUR TOWN,

TIPTUR TALUK,

TUMAKURU DISTRICT 3 572 106.

... PETITIONER

(BY SRI M.S. VENUGOPAL, ADVOCATE)

AND

1.

STATE OF KARNATAKA

REPRESENTED BY TIPTUR TOWN POLICE,

TIPTUR TOWN, TUMAKURU DISTRICT,

REPRESENTED BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENGALURU 3 560 001.

2.

MRS. SHAHINABANU

W/O. ABDULKUDDUS,

AGED ABOUT 40 YEARS,

RESIDENT OF 11^TH CROSS,

CHAMUNDESHWARI EXTENSION,

GANDHINAGAR, TIPTUR TOWN,

TIPTUR TALUK,

TUMAKURU DISTRICT 3 572 106.

... RESPONDENTS

(BY SRI K. NAGESHWARAPPA, HCGP for R-1;

SRI SHARAN N. MAJAGE, ADVOCATE for R-2.)

R

2

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO

ENLARGE THE PETITIONER ON BAIL IN CRIME No.126/2020 OF

TIPTUR TOWN POLICE STATION, TUMKURU DISTRICT FOR THE

OFFENCES PUNISHABLE UNDER SECTIONS 363, 343, 114, 506

AND 376 READ WITH SECTION 34 OF THE INDIAN PENAL CODE

AND SECTIONS 4, 17 AND 18 OF THE POCSO ACT AND

SECTIONS 9 AND 10 OF THE CHILD MARRIAGE ACT.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 11.06.2021 AND COMING ON FOR

PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE

FOLLOWING:

ORDER

This petition is filed by the petitioner-accused No.1

under Section 439 of Cr.P.C., for granting regular bail in

Crime No.126/2020 registered by Tiptur Town Police for

the offences punishable under Sections 363, 342, 114,

506, 376 read with Section 34 of IPC, Sections 4, 6, 17, 18

of the Protection of Children from Sexual Offences Act and

Sections 9 and 10 of the Child Marriage Restraint Act.

2.

Heard learned counsel for the petitioner as well as

the learned High Court Government Pleader for respondent

No.1.

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3.

The case of the prosecution is that on the complaint

of one Shahinabanu, the mother of the victim, filed a

complaint to the Police on 05.10.2020 alleging that her

daughter, the victim girl, aged about 15 years was

abducted by petitioner-accused No.1. The petitioner being

the neighbour used to speak with her daughter whenever

she goes to her tailoring class. That on 27.09.2020 at

about 11.00 p.m., her daughter was sitting by holding the

mobile phone. Thereafter from 28.09.2020, she was

missing from the house. Then she searched for her

daughter, but could not find her anywhere. On

03.10.2020, at about 2.00 p.m., the victim girl came back

by weeping. When she enquired her, the victim informed

her mother that on 27.09.2020, when she was sitting with

her mobile phone, the petitioner forcibly abducted her by

gagging her with napkin and took her in his Goods Vehicle

407 to his relative9s house, kept her for three days and not

allowed her to talk with anybody. He has also threatened

her. Later, in the night hours, the petitioner took her to a

lonely place and obtained her signature. Thereafter, on

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01.10.2020, at about 12.00 p.m., the wife of the accused

took the victim and left her in a house where the petitioner

is said to have sexually assaulted her. On 03.10.2020, at

about 5.00 p.m., the victim escaped from the custody of

the petitioner. After registering the case, the Police

arrested the petitioner and remanded him to judicial

custody. Therefore, the petitioner approached the

Sessions Judge for bail, which came to be rejected.

Hence, the petitioner is before this Court.

4.

Learned counsel for the petitioner contended that the

petitioner and the victim fell in love with each other. Both

of them eloped and married in the presence of Mutavali

and the marriage is a registered marriage. A copy of the

marriage certificate is also produced. Though the

petitioner is a married man, accused No.2 is th