Criminal petition filed by accused seeking bail in POCSO and IPC offences alleging sexual assault on minors under his care. Court dismissed bail application due to seriousness of allegations, victim testimony, and relationship dynamics.
Bail granted under Section 439 Cr.P.C. was denied and the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.P.378/2021
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MRS. JUSTICE M.G.UMA
CRL.P.No.378/2021
BETWEEN :
SRI VENKATESHA, S/O LATE SHIGAMANI, AGED ABOUT 45 YEARS, COOLIE, RESIDING NEAR MODEL SCHOOL, UPPALLI - 577101, CHIKMAGALUR TALUK & DISTRICT. ..PETITIONER
(BY SRI C.R.GOPALASWAMY, ADV.)
AND :
(BY SRI H.R.SHOWRI, HCGP FOR R1; R2-SERVED & UNREPRESENTED.)
CRL.P.378/2021
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This criminal petition is filed under Section 439 Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.33/2020 (Spl.C.(POCSO) No.31/2020) registered by Chickmagaluru Women Police Station, Chikkamagaluru for the offence P/U/S 376(2) (f), 376(2) (k), 376(2) (n) and 376(3) of IPC and Section 3, 4(2), 5(l), 5(n), 5(p) and 6 of POCSO Act.
This petition coming on for Orders, this day, the Court made the following:
ORDER
CRL.P.378/2021
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CRL.P.378/2021
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counsel for both the parties, the point that would arise for my consideration is:
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in the ‘negative’ for the
following:
R E A S O N S
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of serious nature. Having regard to the seriousness of the offences, the punishment provided for the said offences and the relationship of the petitioner with the victim girls, I am of the opinion that this is not a fit case for grant of bail. Hence, this petition is dismissed.
Sd/JUDGE
KK
2 issues framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C. given the nature of sexual assault allegations and relationship with victims?
Whether the relationship of the accused with the victims and seriousness of offences precludes grant of bail in POCSO cases?
4 provisions across 4 enactments
SRI VENKATESHA
STATE OF KARNATAKA BY CHIKMAGALUR MAHILA POLICE STATION
MAHENDRA.H.S.
M.G.UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
