Rajendra Badamikar, J
1. Petitioner has filed the petition under Section 439 of Cr.P.C., for enlarging him on bail in Channarayapatna Town Police Station, Crime No.0214/2023, initially registered for the offence under Section 363 of I.P.C., which later on culminated in submission of the charge sheet for the offences punishable under Sections 363, 376 of I.P.C and Sections 4, 8, 12 of the Protection of Children from Sexual Offences Act, 2012, pending on the file of the Additional District and Sessions Judge, FTSC- 1, Hassan.
2. Heard the learned counsel for the petitioner, learned counsel for respondent No.1 and learned HCGP for respondent No.2. Perused the records.
3. The petitioner and respondent No.2 have also filed their respective affidavits and same are placed on record.
4. The allegations of the prosecution disclose that the victim girl is minor, aged about 16 years and she is studying in 1st PUC at Navodaya College. Subsequently, she developed a love affair with petitioner and on 04.09.2023 petitioner enticed the victim and took her to Dharmasthala. On 06.09.2023 in Attreya Lodge, room No.14 in Dharamasthala, he committed penetrative sexual assault on the victim girl against her will having knowledge that the victim was a minor. Subsequently, the petitioner has received a telephonic call from his father asserting that a missing complaint was lodged and immediately on 07.09.2023, the petitioner brought the victim to Channarayapattna bus stand and left her. Then the father of the petitioner who was present, took the victim to the Police Station. The statement of the victim was recorded and victim was subjected to medical examination. Meanwhile, the petitioner was arrested and he was also subjected for medical examination and later on, he was remanded to custody.
5. The petitioner has approached the learned Special Judge seeking regular bail and the bail petition came to be rejected by the learned Special Judge. Hence, the petitioner is before this Court.
6. Having heard the arguments and perusing the records. It is evident that the victim was aged about 16 years, when the alleged offence is said to have taken place. The medical evidence disclose that the victim was subjected to intercourse but no injuries were found on her body or private parts. Further, since the victim is aged about 16 years, she is capable of understanding the things and she accompanied the petitioner to Dhramastala and voluntarily stayed with him. Her consent may not be relevant since she is minor but all along the conduct of the victim discloses that she has not raised any objections, as it was an outcome of a love affair.
7. Now the petitioner as well as the father of the petitioner and respondent No.2, who is the father of the victim have filed affidavits, asserting that victim is now aged about 17 years 9 months and immediately after she attaining the age of majority in the month of July-2024, they are willing to perform the marriage of the petitioner with the victim. This undertaking is recorded and the conduct of the victim girl also discloses that it is an outcome of a love affair. The future of the victim is paramount interest and since the petitioner is coming forward to marry the victim girl and since the guardian of the victim has also consented for the same, immediately after victim attaining the age majority, in my considered opinion it is just and proper to admit the petitioner on bail. The other apprehensions raised by the learned HCGP can be meted out by imposing certain conditions. Hence, the petition needs to be allowed and accordingly, I proceed to pass the following:
ORDER
I. The petition is allowed.
II. The petitioner/Accused is ordered to be enlarged on bail in Crime No.0214/2023 of Channarayapatna Town Police Station, registered for the offence punishable under Sections 363, 376 of IPC and Sections 4, 8, 12 of the Protection of Children from Sexual Offences Act, 2012, which is pending on the file of the IX Additional District and Sessions Judge, FTSC-1, Hassan, on his executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the trial Court, subject to the following conditions that,-
(i) He shall not indulge in any of the criminal activities.
(ii) He shall not tamper the prosecution witnesses either directly or indirectly.
(iii) He shall regularly attend the Court and co-operate in speedy disposal of the matter.
(iv) If the petitioner fails to comply, the undertaking given pertaining to marriage with the victim, the State or respondent No.2 as the case may be are at liberty to approach this Court for cancellation of the bail petition.
