The High Court of Karnataka rejected a bail petition filed by an accused accused of sexually assaulting a minor girl. The court held that the medical evidence and victim statement established a prima facie case, making the petitioner unfit for bail.
Bail petition rejected; petitioner denied release on bail.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.3124/2022
BETWEEN
MR. YASIN S/O MR. AMANULLA AGED ABOUT 26 YEARS R/AT SHANTHI NAGAR, WARD NO.21 CHIKKABALLAPURA TOWN, KARNATAKA -562101
...PETITIONER
(BY SRI SYED JAFFER MOHIYUDDIN, ADVOCATE)
AND
… RESPONDENTS
(BY SRI H.S. SHANKAR, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.82/2021 OF WOMEN POLICE STATION, CHIKKABALLAPURA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(2)(N) OF IPC AND SECTIONS 4, 6 AND 17 OF POCSO ACT AND ETC.
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 in Crime No.82/2021 of Women Police Station, Chikkaballapura for the offences punishable under Sections 376(2)(n) of IPC and Sections 4, 6 and 17 of POCSO Act.
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knowingfully well that the victim girl is a minor, committed sexual act against her wish and hence, charge sheet is also filed against accused No.2 along with this petitioner alleging that accused No.2 had helped this petitioner in subjecting the victim girl for sexual act and the allegation against this petitioner is that he subjected the minor victim girl for sexual act.
Pleader appearing for the State would submit that the victim girl is aged about 15 years and the medical record also clear that hymen is ruptured and apart from that in 164 statement of the
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victim, she stated that she was subjected to sexual act in a Lodge and the medical report as well as 164 statement of the victim girl supports the case of the prosecution and hence, there is a prima facie case against the petitioner and prayed to dismiss the petition.
the parties and also on perusal of the material available on record it discloses that no doubt, the victim girl is aged about 15 to 16 years and at the first instance, a missing complaint was lodged by the mother of the victim and on the next day, they came back and appeared before the police and the victim was subjected to medical examination and the medical report shows
that hymen was ruptured and apart from that in 164 statement, the victim stated that this petitioner took her to a Lodge and subjected her for sexual act. When such material is available before the Court, mere filing of charge-sheet and he is in custody from 11 months is not a ground to enlarge him on bail when serious offence of subjecting the minor girl to sexual act and the very object of bringing the Special Enactment is to protect the child below the age of 18 years from subjecting them
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for sexual act and the Court has to take note of the object of bringing the Special Enactment and considering the material available on record this Court is of the opinion that there is a prima facie case against the petitioner thus, it is not a fit case to exercise the discretion in favour of the petitioner.
following:
ORDER
The bail petition is rejected.
Sd/JUDGE
SN
2 issues framed by the court
Whether the petitioner is entitled to bail in an offence under Section 376(2)(n) of IPC and Sections 4, 6 and 17 of POCSO Act.
Whether the prima facie case against the petitioner precludes the grant of bail.
3 provisions across 3 enactments
Mr. Yasin
The State of Karnataka
Tasleem
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
