ORDER : This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking regular bail in Spl. (POCSO) Case No. 29/2016 (Horti Police Station FIR (Crime) No. 114/2016) of Horti Police Station, Vijayapur, registered for the offences punishable under Sections 366(A), 376(F), 344 of IPC & Section 3, 4 & 6 of Protection of the Children from Sexual Offences Act, 2012. 2. Brief facts leading to filing of the complaint are that, the victim girl was minor and accused used to come near the pan shop of the complainant and used to tell the victim that he would kidnap her and marry her. In that light, on 20.05.2016 at about 10:00 p.m. complainant, his wife and children were sleeping in front of their house and at about 1:00 a.m. the wife of the complainant got up to attend the first nature call and found that the victim girl was not there in her bed. On search she was not found and thereafter she informed the said fact to the complainant. The complainant and his family members together searched for the victim girl in the entire Tanda and in the morning hours they went to the house of accused No.1 on suspicion and found that he was also not in the house. On enquiry by the wife of the accused and the father they informed that the accused has not come to the house from previous day night. Thereafter, the complainant filed the complaint on 29.05.2016 the Investigating Officer was able to trace out both accused and victim. Thereafter, they have been brought and there they came to know that accused used to visit the pan shop and used to purchase Star, Chewable Cigarette and was luring the victim girl at that time he used to tell the victim girl that he would marry her and asking her to love him. Thereafter, on the said night the accused came and lured her and took her to a village in Maharashtra and stayed in the house of his relatives for three days and at that time accused had committed sexual assault on the victim. On these grounds the case has been registered against accused petitioner. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent State. 4. On these grounds the case has been registered against accused petitioner. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent State. 4. The main grounds urged by the learned counsel for the petitioner are that looking into the statement of the victim recorded under Section 164 of Cr.P.C. it clearly suggest that the accused petitioner has not harassed and has not forcibly taken her, she has gone along with accused voluntarily. He has further contended that the medical certificate of the victim girl indicates that she is 17 years and she is able to give the consent to the accused and as such she is a consenting party for the purpose of going along with accused. As such, the accused is entitled to be released on bail. He has further contended that accused petitioner is physically disabled person. Charge-sheet has already been filed and the alleged offences are not punishable with death or imprisonment for life. It is also contended that petitioner has got both movable and immovable properties, therefore, there is no chance of he being absconded. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent State vehemently contended that accused – petitioner has kidnapped the minor girl from the lawful custody of the parents and thereafter he has sexually assaulted the victim and has committed a heinous offence under the IPC as well as under the POCSO Act. He has further contended that if accused petitioner is enlarged on bail, it will send wrong signal in the society and he may again indulge in similar type of activities. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the FIR, complaint and other materials produced along with the petition. The statement which has been recorded under 164 of Cr.P.C. indicates that the accused petitioner has not harassed her both physically and mentally. Even she has also deposed that she does not remember what has happened earlier to filing of the complaint and she does not know the complaint. The statement which has been recorded under 164 of Cr.P.C. indicates that the accused petitioner has not harassed her both physically and mentally. Even she has also deposed that she does not remember what has happened earlier to filing of the complaint and she does not know the complaint. No doubt nothing has been forthcoming in the statement which has been recorded under 164 of Cr.P.C., but that will not be the factor which has to be considered at this juncture. Whether the accused has committed the alleged offence or not is the matter which has to be adjudicated only after recording evidence of the victim before the Court when the trial is going to be held. No doubt learned counsel for the accused petitioner would contend that the victim girl was in the verge of attaining the age of majority that too when the records indicates that she is aged about 16 years. When she is a minor and even if she has given any consent in law it will not be considered to be consent and that cannot be the ground for the purpose of granting bail. Apart from this, medical examination report of the victim girl also indicates that the hymen ruptured and other clinical examination of the victim girl also indicates that the victim has been sexually assaulted. When there is a prima-facie material to show that the accused has sexually assaulted by kidnapping the minor girl, under such circumstances, I feel it is not just and proper to grant bail to the accused. Hence, the petition is dismissed.