IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.5642 OF 2018 BETWEEN:
Mahesh S/o Late Siddegowda @ Nathegowda Aged about 32 years R/at Nelamakanahalli Village Kasaba Hobli, Malavalli Taluk Mandya District-571 412. ...Petitioner (By Sri. M. Sharass Chandra, Advocate) AND:
State of Karnataka by Jayaprakashnagar Police Station Represented by its Public Prosecutor, High Court Building, Bangalore – 560 001. ...Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.142/2018 of Jayaprakash Nagar Police Station, Bangalore city, for the offences punishable under Sections 366, 343 read with Section 34 of IPC, Section 4 of POCSO Act and Section 9 of Child Marriage Restraint Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER The Jayaprakashnagar Police have charge sheeted the petitioner in Crime No.627/2018 for the offences punishable under Sections 343, 366 read with Section 34 of IPC and Section 4 of POCSO Act and Section 9 of Child Marriage Prohibition Act.
2. It is alleged that on 10.05.2018 the petitioner kidnapped C.W.2 – a minor girl aged 17 years from the custody of her lawful guardians, took her to Kanakapura, Maralawadi, Dharmastala, Talakadu and other places. It is further alleged that he married her in Annapoorneshwari temple, Maralawadi and lodged her with him till 21.05.2018 and during such of their stay, he committed repeated penetrative sexual assault on her.
3. The learned counsel for the petitioner submits that it is a case of eloping and that there is sufficient material in proof of the allegations made against the petitioner.
4. The victim girl in her statement before the Magistrate has stated that the petitioner forcibly took her to different places and married her. Medical examination report shows that, before the doctor the victim girl has given the history of sexual assault by the petitioner. She was examined after one day of her tracing. Therefore, the contention that the medical examination report is not positive cannot be accepted.
5. Having regard to the gravity of offences and material on record, this is not a fit case to grant bail.
6. Petition is dismissed.
Sd/- JUDGE *alb/-.