Criminal Petitioner sought bail for alleged abduction and sexual offense against a 15-year-old minor. The court rejected the bail petition, emphasizing the victim's age, medical evidence of non-intact hymen, and the victim's statement against the accused.
Petition for bail was rejected.
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 12TH DAY OF JANUARY, 2022
BEFORE
THE HON’BLE Mr. JUSTICE H.P. SANDESH
CRIMINAL PETITION No.7623 OF 2021
BETWEEN:
SRI.SANKETH KUMAR S/O NARAYANASWAMY K.M., AGED ABOUT 27 YEARS RESIDENT OF KANNAMANGALA DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, BENGALURU-562 110 ..PETITIONER
(BY SRI.GIREESHA R.J., ADVOCATE)
AND:
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BENGALURU-562 110 ..RESPONDENTS
(BY SRI.KRISHNA KUMAR, HCGP FOR R-1, R-2 -SERVED-UNREPRESENTED)
THIS CRIMINAL PETITION FILED UNDER SECTION 439 OF CR.P.C. BY THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.296/2021 IN CR.NO.54/2021 OF BIAL P.S., BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 363 OF IPC AND SECTION 4(2) AND 6 OF POCSO ACT, 2012 AND SECTION 9 OF THE CHILD MARRIAGE ACT ON THE FILE OF THE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THROUGH VIDEO CONFERENCING 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.54/2021 of BIAL Police Station, Bengaluru, for the offences punishable under Sections 363 of IPC and under Section 4(2) and 6 of POCSO Act, 2012 and Section 9 of The Child Marriage Act.
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the learned High Court Government Pleader appearing for the State.
the victim girl were examined and they have not supported the case of the prosecution. Apart from that mahazar witnesses have also not supported the case of the prosecution and there is no prima facie case against this petitioner and statement of the victim girl under section 164 Cr.P.C reveals that both of them were loving each other and she only accompanied him. The medical report also shows that there is no evidence of recent sexual
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intercourse and Sessions Judge failed to take note of this material and hence petitioner is entitled for bail.
State submits the fact that the victim girl is aged 15 years is not in dispute and in the statement under Section 164 Cr.P.C she categorically stated that after getting married petitioner subjected her to sexual act and though the medical report discloses no recent evidence of sexual intercourse but hymen is not in tact and she went along with the petitioner on 05.05.2021 and she was subjected to examination on 14.05.2021 and report is that no evidence of recent sexual intercourse and the victim girl has not been examined before the trial court and hence it is not a fit case for granting bail.
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married her and thereafter subjected her to sexual act and medical records also revealed that hymen is not in tact and she went along with petitioner on 05.05.2021 and medical examination conducted on 14.05.2021 and report is that no evidence of recent sexual intercourse and that victim herself stated before the Magistrate under Section 164 Cr.P.C that she was subjected to sexual act and victim girl not examined before the trial court and evidence of other witnesses is not material. Hence, it is not a fit case to exercise discretion in favour of the petitioner taking note of the age of the victim girl.
In view of the discussions made above, I pass the
following:
ORDER
Petition is rejected.
Sd/-
JUDGE
SBN
1 issue framed by the court
Whether bail should be granted to the petitioner accused of abduction and sexual offense against a minor.
4 provisions across 4 enactments
Sri Sanketh Kumar
State of Karnataka
Krishna
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
