A criminal petition under Section 439 Cr.P.C. for bail in cases of kidnapping, abduction, and rape of a minor under IPC and POCSO was dismissed. The Court noted the presumption of guilt under special POCSO law and rejected health ground for bail.
Bail prayer dismissed; no order passed on health ground.
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.No.7660/2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE 2021
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.7660/2020
BETWEEN :
PRASHANTH S/O MARUTHI KHANDARI AGED ABOUT 25 YEARS R/AT KONDGOOL HUMNABAD TALUK BIDAR DISTRICT – 585 329 …PETITIONER
(BY SRI ZAMEER PASHA, ADVOCATE)
AND :
STATE BY SUBRAMANYANAGAR POLICE REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001 …RESPONDENT
(BY SMT.NAMITHA MAHESH B G, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.187/2019 REGISTERED BY SUBRAMANYANAGAR POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363, 366 AND 376 OF IPC AND SECTION 6 OF PROTECTION OF THE CHILDREN FROM SEXUAL OFFENCES ACT, 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT THROUGH VIDEO CONFERENCE MADE THE FOLLOWING:
Crl.P.No.7660/2020
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O R D E R
Heard the petitioner’s Counsel. Office objections are overruled.
Crl.P.No.7660/2020
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Crl.P.No.8853/2019 was rejected on 17.03.2020 on merits. He filed Crl.P.No.6008/2020 and withdrew that on 30.11.2020. Referring to the statement of the victim girl in the charge sheet, learned Counsel for the petitioner submits that she accompanied the petitioner voluntary.
the following judgments to persuade this Court to press his claim for bail.
1 (2018) 3 SCC 22
2 Crl.A.No.100090/2017 DD 24.07.2018
3 Crl.P.No.8678/2019 DD 02.03.2020
Crl.P.No.7660/2020
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Crl.P.No.7660/2020
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that the petitioner’s mother is suffering from medical condition and on that ground the petitioner is entitled for bail. Neither such ground is made out in the petition nor any material is produced to substantiate the same. Therefore the petition is dismissed.
Sd/JUDGE
KSR
3 issues framed by the court
Whether the presumption of innocence under general IPC applies where the accused is charged under the special legislation POCSO which mandates a presumption of guilt.
Whether the petitioner's mother's medical condition is a valid ground for bail.
Whether the earlier cited bail judgments are applicable to the present facts involving a minor victim and repetitive sexual assault.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of Uttar PradeshReferred¶36
(2018) 3 SCC 22 · Who else cites this
Sri Somappa @ Swamy vs. State of KarnatakaDistinguished¶37
Crl.A.No.100090/2017 DD 24.07.2018
Jayaram @ Appu v. The State of KarnatakaDistinguished¶37
Crl.P.No.8678/2019 DD 02.03.2020
4 provisions across 3 enactments
PRASHANTH S/O MARUTHI KHANDARI
STATE
K.S. MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
