JUDGEMENT
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(1.)This petition is filed by the petitioner under Sec. 439 of Cr.P.C for enlarging him on bail in Crime No.83/2022 of Mandya Rural Police Station, initially
registered for the offences punishable under Sec. 363 of
IPC which has culminated in submitting charge sheet under
Ss. 354(D) , 363 , 366 , 344 , 376(2)(n) of IPC and
Ss. 6 and 12 of the POCSO Act, as well as Sec. 9
of the Prohibition of Child Marriage (Karnataka Amended)
Act 2016.
(2.)The brief factual matrix leading to the case are that the victim is the daughter of the complainant and on
16/3/2022 the complainant has lodged a complaint making allegations that from 12/3/2022 at about 7.45
p.m., her victim daughter is found missing. Initially
complaint came to be registered for the offence under
Sec. 363 of IPC. However, during the course of the
investigation, the Investigating Officer found that the
present petitioner has married the victim having
knowledge that she was minor and thereafter he had
committed sexual assault on her. The victim was secured
and thereafter the Investigating Officer apprehended the
present petitioner also. Later on, the victim and the
petitioner were subjected to medical examination. The
statement of the victim was also recorded. Thereafter, the
Investigating Officer has submitted the charge sheet for
the offences punishable under Ss. 354(D) , 363 , 366 ,
344 , 376(2)(n) of IPC and Ss. 6 and 12 of the POCSO Act as well as Sec. 9 of the Prohibition of the Child
Marriage Act.
(3.)The petitioner was produced before the Court and was remanded to judicial custody. The petitioner has
approached the learned Special Judge and his petition for
regular bail came to be rejected. Hence the petitioner is
before the Court.
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