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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF APRIL, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.2125 OF 2018

BETWEEN:
Girish
S/o.Nanajunda
Aged about 23 years
R/a. Srideveinagara
Kasaba Hoali
Channarayapattna
Hassan District-517 424.
... Petitioner
(By Sri B.Lokesh, Advocate)

AND:

The State of Karnataka

By Channarayapattna Town PS
Rep.by: The Public Prosecutor
Bangalore-560 001. ... Respondent

(By Sri.Nageshwarappa , HCGP)

This Criminal Petition is filed under section 439 of

Cr.P.C., praying to enlarge the petitioner on bail in
Cr.No.32/2018 of Channarayapatna Town Police Station,
Hassan for the offence P/U/S 363, 366(A), 376 and 417 of
IPC ad section 4,6,8 and 10 of POCSO Act and section 10
of the Prohibition of Child Marriage Act and etc.
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This Criminal Petition coming on for Orders this day,

the Court made the following:

ORDER

The petitioner is arraigned accused in

Crime No.32/2018 registered by the respondent-police for

the offences punishable under Sections 366-A, 376 and

417 of IPC and Sections 4, 6, 8 and 10 of POCSO Act,

2012 and also under Section 10 of the Prohibition of Child

Marriage Act, 2006.

2. Heard the petitioner’s counsel and learned HCGP

for the respondent-State.

3. In the first instance, missing complaint was made

by the father of the victim girl on 10.02.2018. After tracing

the victim girl, on 13.2.2018, statement of the girl was

recorded by the police. It shows that the victim girl was in

love with the petitioner. Since the parents of the girl

arranged her marriage with another boy, she herself went

with the petitioner and got married in a temple near

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Kunigal. There is a allegation that the petitioner

thereafter, had intercourse with the girl.

4. Therefore, from the complaint averments itself it

can be made out that the girl voluntarily went with the

petitioner. Her age is 17 years. The entire allegation with

regard to the sexual intercourse appears to be with her

consent. Hence, petitioner is entitled to bail. Accordingly,

the following:

ORDER

Petition is allowed.

Petitioner shall be released on bail in

connection with Crime No.32/2018 registered
by respondent-police on his executing a bond
for a sum of Rs.1,00,000/- (Rupees One Lakh
only) and providing two sureties for the
likesum to the satisfaction of the trial Court.
The petitioner is also subjected to the following
conditions:

(i) He shall regularly appear before

the Court during trial;
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(ii) He shall not threaten the witnesses

and tamper with the prosecution evidence.

Sd/-
JUDGE

VMB