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Judgment
Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent.
The respondent-police have charge sheeted the petitioner in their Cr.No.122/16 in respect of the offence punishable under sections 363, 376 of IPC, sections 6 and 12 of POCSO Act and section 9 of Prohibition of Child Marriage Act.
The allegation of the prosecution is, on 5.6.2016 the petitioner persuaded the victim girl, under the assurance of marrying her, to elope with him. He stayed with her in a rented house and raped her. On the next day, he took her to a temple and tied a imitation gold Thali. On 28.6.2016 the respondent-police arrested the petitioner.
Perused the prosecution papers and also 164 Cr.P.C. statement of the victim girl recorded by the jurisdictional JMFC Court. The girl is aged 17 years 10 months as per the prosecution case. In her 164 Cr.P.C. statement, she does not attribute physical violence on her by the petitioner. Voluntarily, she has left her parents house and joined the petitioner at Bengaluru. The investigation since complete, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.122/2016 of respondent- police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned Court.
(ii) He shall attend the Court regularly and shall not threaten the prosecution witnesses.