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Judgment
N. Ananda, J.—The Petitioner is arrayed as accused No. 1 in Crime No. 506/2009 registered for offences punishable under Sections 366A, 376, 109 r/w. 34 IPC.
The Petitioner is alleged to have kidnapped and committed rape of victim, who was less than 15 years of age on the date of occurrence. He has sought for bail.
I have heard the learned Counsel for Petitioner and teamed Government Pleader for the State and I have been taken through investigation records which would reveal that, as on the date of occurrence, victim was aged less than 15 years. In fact, Petitioner had kidnapped the victim on the earlier occasion for which Crime No. 199/2009 was registered and he was released on bail with a specific condition that, he shall not commit the same offence. The statement of the victim and mother of the victim would prima facie establish that Petitioner had kidnapped and committed rape on her. As victim was less than 15 years of age, her consent has no relevance. Therefore, considering the nature of offence and past conduct of Petitioner, be cannot be released on bail.
Accordingly, petition is dismissed.