1. Accused No.1 in Spl.C.(POCSO) No.106/2024 pending before the Court of I Additional District and Sessions Judge and Special Judge, Ramanagara, arising out of crime No.50/2024 registered by Ramanagara Women Police Station, Ramanagara, for the offences punishable under Section 376 of IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 and 10 of the Child Marriage Act, 2006, is before this Court under section 439 of Cr.P.C. seeking regular bail.
2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in this matter has remained unrepresented before this Court.
3. FIR in crime No.50/2024 was registered by Ramanagara Women Police Station, Ramanagara, against the petitioner herein for the aforesaid offences on the basis of the first information dated 29.04.2024 received from the victim girl aged about 18 years 4 months. During the course of investigation of the case, petitioner herein who was arrayed as accused No.1 in the FIR was arrested on 24.05.2024 and subsequently remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against four persons for the aforesaid offences and the petitioner herein is arrayed as accused No.1 in the charge sheet.
4. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.607/2024 was rejected on 01.08.2024. Therefore, he is before this Court.
5. Learned counsel for the petitioner having reiterated the grounds urged in the petition, submits that the petitioner is the husband of the victim girl who has now given birth to a girl child and he is required to take care of his wife and newly born child. The age of the victim girl has been wrongly mentioned in her Aadhar card and that has resulted in filing a Police complaint. Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP who has opposed the bail petition, submits that the victim is a minor and therefore alleged offences are attracted against the petitioner and prays to dismiss the petition.
7. Reading of the first information submitted by the victim girl on 29.04.2024 would reveal that her marriage with the petitioner who was her relative was performed by the parents and elders of the both parties on 24.07.2023 in a temple in their village. After marriage she was residing in her matrimonial house along with the petitioner and they live as husband and wife. Subsequently, the victim girl became pregnant and therefore on 23.04.2024 she had visited VaaniVilas Hospital at Bengaluru for her medical examination and on 26.04.2024 she had delivered a girl child in the hospital. During the course of verification of her documents it was found that she was below 18 years of the age, at the time of her marriage and therefore Police were summoned to the hospital and the statement of the victim girl was recorded on 29.04.2024 and based on the same FIR has been registered against the petitioner for the aforesaid offences.
8. Investigation of the case is completed and charge sheet has been filed. The petitioner who is the husband of the victim girl having no other criminal antecedents, is in custody from 25.05.2024 and he is required to take of his wife and newly born girl child. According to the petitioner the age of his wife is wrongly mentioned in her Aadhar card and therefore criminal case has been registered against him inadvertently. Be that as it may, fact remains that investigation in the case is completed and charge sheet has been filed. Allegation now made against the petitioner is required to be proved in the full-pledged trial. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.
9. Accordingly the following.
O R D E R
The petition is allowed.
The petitioner is directed to be enlarged on bail in Spl.C.(POCSO) No.106/2024 pending before the Court of I Additional District and Sessions Judge and Special Judge, Ramanagara, arising out of crime No.50/2024 registered by Ramanagara Women Police Station, Ramanagara, for the offences punishable under Section 376 of IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 and 10 of the Child Marriage Act, 2006, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
