This order rejects a bail petition filed by an accused charged with rape of a minor under IPC 376(2)(N) and POCSO. The Court held that given the nature of the offense and the victim's age and pregnancy, granting bail was not appropriate.
The bail petition was rejected; the petitioner was not enlarged 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 JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.3192/2021
BETWEEN:
MALLESH S/O VEERABHADRAPPA AGED ABOUT 23 YEARS R/AT AKALA VILLAGE HULLALLI HOBALI NANJANAGUD TALUK MYSURU - 571 301 … PETITIONER
(BY SRI H.S.SANTHOSH, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA BY HULLAHALLI POLICE STATION NANJANAGUD TALUK MYSURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001
2 . SMT. MANGALAMMA W/O RAJASHEKAR AGE: 38 YEARS LINGAYETHARA BEEDI AMBALE VILLGE, NANJANAGUD VILLAGE MYSURU DISTRICT - 571 301 … RESPONDENTS
(BY SRI KRISHNA KUMAR, 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 CR.NO.28/2021 OF HULLAHALLI P.S., MYSURU DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(2)(N) OF IPC AND SECTIONS 5(L), 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS ‘THROUGH VIDEO CONFERENCE’ 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.28/2021 of Hullahalli Police Station, Mysuru District, for the offences punishable under Section 376(2)(N) of IPC and Section 5(L) and 6 of Protection of Children from Sexual Offences Act.
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become pregnant. When the said fact comes to the notice of the complainant, she revealed the same to the police. Based on the complaint, the police have registered a case, investigated the matter and filed the charge sheet for the offences punishable under Section 376(2)(N) of IPC and Section 5(L) and 6 of Protection of Children from Sexual Offences Act.
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act she become pregnant and now she gave birth to a girl child and there are sufficient material against the petitioner.
the factual aspects of the case, it is not in dispute that the petitioner and the victim girl are the relatives and also specific allegation is made that this petitioner subjected her for sexual act. Apart from that, as a result of sexual act she become pregnant and delivered a baby. When such being the material available on record, when the victim girl, who is aged about 14 years 6 months, was subjected to sexual act, it is not a fit case to exercise the powers under Section 439 of Cr.P.C, in favour of the petitioner.
following:
ORDER
The bail petition is rejected.
Sd/JUDGE
cp*
2 issues framed by the court
Whether regular bail can be granted to the petitioner in a case involving rape by a relative of the victim resulting in pregnancy of a minor.
Whether the circumstances of the case make it a fit case to exercise powers under Section 439 of Cr.P.C.
3 provisions across 3 enactments
Malleesh S/o Veerabhadrappa
The State of Karnataka
Smt. Mangalamma W/o Rajashekar
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
