Criminal Petition filed under Section 439 Cr.P.C. for bail in offences under IPC 366(A), POCSO, and CMRA. Court rejected bail citing evidence of sexual act against minor girl and lack of merit in love affair submission.
The Criminal Petition is rejected; bail is not granted.
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.2985/2022
BETWEEN:
SRI MANOJ N., AGED ABOUT 21 YEARS, R/AT NO.62, 4TH MAIN, 7TH CROSS, SAMPANGIRAM NAGAR BENGALURU – 560 027 … PETITIONER
(BY SRI UDAY KUMAR H.B., ADVOCATE)
AND:
THE STATE OF KARNATAKA BY JAYANAGAR POLICE STATION, BENGALURU-560 001. REP. BY SPP, HIGH COURT BUILDING BENGALURU-560 001. … RESPONDENT
(BY SRI K.S.ABHIJITH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 11.03.2022 PASSED BY THE FTSC-1, ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND PLEASED TO RELEASE THE PETITIONER ON BAIL IN CR.NO.246/2021 IN SPL.C.C.NO.128/2022 REGISTERED BY JAYANAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 366A OF IPC AND SECTION 4 OF POCSO ACT AND SECTION 9 OF CHILD MARRIAGE RESTRAINT ACT, NOW PENDING BEFORE FTSC-1, ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.246/2021 of Jayanagar Police Station, Jayanagar Sub-Division, Bengaluru City, for the offence punishable under Section 366(A) of IPC, Section 4 of Protection of Children from Sexual Offences Act, 2012 (‘the POCSO Act’ for short) and Section 9 of Child Marriage Restraint Act.
3
investigation revealed that she was subjected to sexual act, invoked Section 4 of POCSO Act and also Section 9 of Child Marriage Restraint Act at the time of filing the charge sheet.
4
perusal of the material available on record, no doubt, the FIR is registered only for the offence under Section 366(A) of IPC, during the course of investigation, statement of victim was recorded and she was examined before the learned Magistrate under Section 164(5) of Cr.P.C., wherein she reiterates that she was subjected to sexual act as against her wish. Apart from that, the medical examination report reveals that she was subjected to sexual act. When such being the material on record, the submission that investigation is already completed is not a ground to enlarge the petitioner on bail and it is an offence against the minor girl below the age of 18 years as defined under Section 2(d) of POCSO Act.
following:
ORDER
The Criminal Petition is rejected.
Sd/JUDGE
ST
2 issues framed by the court
Whether to grant bail to the accused in a case involving sexual acts against a minor girl despite arguments of a love affair.
Whether the change in characterisation from abduction to sexual offence during investigation precludes bail.
5 provisions across 4 enactments
Sri Manoj N.
The State of Karnataka
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
