ORDER : The petitioner is accused No.1 in Crime No.326/2017 on the file of the I Addl. District & Sessions Judge, Mandya. The petitioner and 3 others are charge-sheeted in the said case for the offences punishable under Sections 366-A, 376, 504, 506 r/w. 34 of IPC and under Section 4 of POCSO Act, 2012. 2. It is alleged that on 09.09.2017 at 10.00 a.m., when the victim girl aged 17 years was proceeding to her grandmother’s house situated in Volagere-Menasa village, the petitioner in the guise of dropping her to her grandmother’s house, kidnapped her to Vasanthpura Forest area in K.R. Pete Taluk and committed rape on her. It is further alleged that when the victim’s parents approached the family members of the petitioner to question about the incident, they intimidated, abused and humiliated the parents of the victim. 3. Learned counsel for the petitioner submits that charge-sheet records disclose that the victim moved with the petitioner to various places without any protest and there is delay in filing the complaint. He further submits that the victim met many witnesses after the incident and never divulged anything about the incident and such conduct of the victim girl shows that it is a consensual act. 4. In support of his contention, he seeks to rely on the Order of the Bombay High Court in Sunil Mahadev Patil Vs. State of Maharashtra, 2016 CRI.L.J.(NOC) 36 (BOM.). He further submits that the petitioner has suffered some injuries and therefore bail be granted. 5. Learned HCGP submits that the victim in her statement recorded under Section 164 of Cr.P.C. before the Judicial Magistrate has stated that the act of the petitioner was forced one. She further submits that due to humiliation, the victim girl has committed suicide on 05.12.2017 and therefore, it is not a fit case to grant bail to the petitioner. 6. As per the charge-sheet records, the victim girl was aged 17 years at the time of the incident. Her statement was recorded by the Judicial Magistrate, wherein she has stated that she was subjected to rape under coercion. Submission that victim was a consensual party is unacceptable since in law the minor is incapable of giving consent. 6. As per the charge-sheet records, the victim girl was aged 17 years at the time of the incident. Her statement was recorded by the Judicial Magistrate, wherein she has stated that she was subjected to rape under coercion. Submission that victim was a consensual party is unacceptable since in law the minor is incapable of giving consent. As per the charge-sheet records, after the incident was revealed by the victim, when her parents questioned the same before the family members of the petitioner, both the victim and her parents were subjected to intimidation and humiliation. Subsequently the victim has committed suicide on 05.12.2017. Her statement was recorded by the learned Judicial Magistrate on 22.09.2017. 7. The order in Sunil’s case relied upon by learned counsel for the petitioner, it is stated that the prosecutrix and the accused had married and they stayed together as husband and wife and thereafter complaint was filed. That is not the case here. The said order is not applicable to the present case. Having regard to the facts and circumstances of the case, it is not a fit case to grant bail. Hence, the petition is dismissed.