SUCHENDRA Vs. STATE OF KARNATAKA
LAWS(KAR)-2022-11-817
HIGH COURT OF KARNATAKA
Decided on November 21,2022

Suchendra Appellant
VERSUS
STATE OF KARNATAKA Respondents

JUDGEMENT

- (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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