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Judgment
S Vishwajith Shetty, J
Accused No.1 in Spl.C.Pocso No.114 of 2023 pending before the Court of II Additional District and Sessions Judge, Chitradurga, arising out of Crime No.71 of 2023 registered by Chitradurga Women Police Station, Chitradurga for the offences punishable under Sections 363, 376(2)(n) of IPC, under Sections 4, 5(J)(II), 5(L), 6, 17 of POCSO Act and under Sections 9, 10 and 11 of Prohibition of Child Marriage Act, is before this Court under Section 439 Cr.P.C. seeking regular bail.
Heard learned counsel for the parties.
The complainant who is the mother of the victim girl had lodged the complaint on 14.07.2023 before Chitradurga Women Police Station, which resulted in registering FIR in Crime No.71 of 2023 for the offence punishable under Section 363 of IPC. During the course of investigation, the petitioner and the victim girl were traced on 26.07.2023 and the petitioner was produced before the Court and remanded to judicial custody on 27.07.2023. The victim girl was subjected to medical examination and her statement under Section 164 of Cr.P.C. was recorded by the jurisdictional Magistrate on 01.08.2023. The investigation is completed and the charge sheet has been filed. The bail application filed by the petitioner in Crl.Misc.No.1324 of 2023 on the file of the Special 2nd Additional District and Sessions Judge, Chitradurga, was rejected on 18.10.2023. Therefore, he is before this Court.
Learned counsel for the petitioner submits that the material on record would go to show that the petitioner and the victim girl were loving each other and it is at the instance of the victim girl, the petitioner had taken her to his relatives house. The victim girl has not made any serious allegations in her statement recorded under Section 164 of Cr.P.C. Accordingly, he prays to allow the petition.
Per contra, learned High Court Government Pleader has opposed the bail application. Respondent No.2 - complainant has remained absent.
The material on record would go to show that the victim girl has not made any serious allegations against the petitioner in her statement recorded under Section 161 of Cr.P.C. Even in her statement recorded under Section 164 of Cr.P.C. before the learned Magistrate, the victim girl has stated that she was in love with the petitioner and her parents were opposing the same. On 14.07.2023, the marriage engagement ceremony of the elder sister of the victim was performed at Siri Hotel in Chitradurga. After the function was over, the victim girl telephoned the petitioner and asked him to take her along with him. Though the petitioner was not willing, since the victim threatened that she would commit suicide, the petitioner came to the spot where the victim girl was standing and took her along with him and thereafter they got married and subsequently, went to the house of the relative of the petitioner and stayed there together. On 26.07.2023, the police had visited to the said house and brought back the petitioner and victim girl to their village.
The victim has not made any allegations against the petitioner. On the other hand, she has stated that after she attains 18 years of age, she intends to marry the petitioner. The petitioner has no criminal antecedents and he is in custody since 27.07.2023. The investigation is completed and the charge sheet has been filed. Therefore, I am of the opinion that the petitioner has made out a prima facie case for grant of regular bail. Hence, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The petitioner is directed to be enlarged on bail in Spl.C.Pocso No.114 of 2023 pending before the II Additional District and Sessions Judge, Chitradurga, arising out of Crime No.71 of 2023 registered by Chitradurga Women Police Station, Chitradurga for the offences punishable under Sections 363, 376(2)(n) of IPC, under Sections 4, 5(J)(II), 5(L), 6, 17 of POCSO Act and under Sections 9, 10 and 11 of Prohibition of Child Marriage Act, subject to the following conditions:-
a. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the concerned Court;
b. The petitioner shall not tamper with the prosecution witnesses either directly or indirectly;
c. The petitioner shall appear before the Trial Court regularly on all dates of hearing unless her presence is dispensed with the Trial Court for valid reasons.
d. The petitioner shall not leave the jurisdiction of the Court without prior permission from the said Court till the disposal of the case.