Criminal Courts allowed bail to petitioner accused of offences under IPC and POCSO where victim statement did not align with medical findings, holding detention as pre-trial punishment.
Petitioner enlarged on bail on bond of Rs. 2,00,000 with two sureties, not to commit similar offences, tamper witnesses or fail to appear.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MRS.JUSTICE M.G.UMA
CRIMINAL PETITION NO. 4042/2021
BETWEEN :
Mr. Shivakumar Aged about 23 years S/o. Aiyyanna Residing near Gulbarga Central Jail Itagi, Gulbarga Taluk Gulbarga District Karnataka …Petitioner (By Sri. Vikram Raj A., Advocate for Smt. Niveditha Shetty, Adv.)
AND : State of Karnataka Represented by Mulki Police Station Dakshina Kannada District Rep. by SPP High Court Building Bengaluru Kum. Kajal Aged 17 years D/o. L.Pir Saheb R/at 19-169 Bijapura Colony Lingappayya Kadu Karnadu village Mangalore Taluk Dakshina Kannada … Respondent (By Sri H.R.Showri, HCGP)
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This Criminal Petition is filed under Section 439 of Cr.P.C praying this Court to enlarge the petitioner on bail in Crime No.15/2021 of Mulki Police Station, Mangaluru City for the offences P/U/S 354(A), 376(1) and 506 of IPC and Sections 4, 8 and 12 of POCSO Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R
The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.15/2021 of Mulki Police Station, on the basis of the first information lodged by the informant, registered for the offences punishable under Sections 354(A), 376(1), 506 of the Indian Penal Code (for short 'IPC') and Sections 4, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short ‘ POCSO’ Act).
that the petitioner is innocent and has not committed any
offence. He has been falsely implicated in the matter without any basis. He was apprehended on 12.02.2021 and since then he is in judicial custody. The statement of the victim is recorded under Section 164 of Cr.P.C., and she never stated commission of any offence under POCSO Act. Victim is aged 17 years and she is matured enough to know the consequences of her statement. The investigation has been completed and the charge sheet is also filed. Under such circumstances, detention of the petitioner in custody would amount to pre-trial punishment. The petitioner is the permanent resident of the address mentioned in the cause title of the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.
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the history with the medical officer who examined her. The medical records disclose that the hymen was absent which is suggestive of penetrative sexual assault. These materials prima facie sufficient to attract the provisions of POCSO Act. Looking to the facts and circumstances of the case, the accused is not entitled for grant of bail. Hence, he prays for dismissal of the petition.
“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 ‘Affirmative’ for
the following:
R E A S O N S
serious nature. The medical record supports the contention of the prosecution. However, the statement of
the victim under Section 164 of Cr.P.C., was recorded, wherein she never stated anything regarding the commission of the offence under POCSO Act or under Section 376 of IPC. Admittedly, the investigation is completed and the charge sheet is also filed. Therefore, detention of the petitioner in custody would amount to pretrial punishment. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the apprehension expressed by the learned High Court Government Pleader that the petitioner may abscond or may tamper or threaten the prosecution witnesses.
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.15/2021 of Mulki Police Station on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only)
with two sureties for the likesum to the satisfaction of the
jurisdictional Court, subject to the following conditions:
Sd/JUDGE
KG
1 issue framed by the court
Whether the petitioner accused of serious sexual offences under IPC and POCSO is entitled to bail under Section 439 Cr.P.C?
3 provisions across 3 enactments
Shivakumar
State of Karnataka
M.G. Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
