A petition for anticipatory bail under Section 438 Cr.P.C. in a POCSO and IPC case was rejected because the petitioner had previously jumped bail, making his future appearance unlikely and dispelling any grounds for anticipatory relief.
Criminal Petition rejected. Petitioner permitted to surrender for regular 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.
CRL.P No. 627 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 627 OF 2023
BETWEEN:
SRI. UMARKUNHI @, MOHAMMED KUNHI @ KUNHI, S/O. MOIDDINKUNHI, AGED ABOUT 43 YEARS, R/AT. MARIKKAL HOUSE, MONTEPADAVU OF NARINGANA VILLAGE, BANTWAL TALUK - 574 235.
…PETITIONER
(BY SRI. NAGARAJA N.,ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
CRL.P No. 627 of 2023
CHIKKAMAGALURU DISTRICT,
PRESENT AT: NEAR HONJURU CHURCH KAMPA HOUSE, NITHA SAYI MATHA HIGH SCHOOL, ONJURU CHURCH ROAD, PARANGIPETE, BANTWAL TALUK, MANGALORE - 574 235.
…RESPONDENTS
(BY SRI. V S VINAYAKA.,HCGP)
THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.12/2022 OF MANGALURU WOMEN P.S., MANGALURU CITY FOR THE OFFENCE P/U/S.120-B, 354-A, 354-C, 363, 366-A, 370-A, 370-4, 376, 109, 506 R/W SEC.34 OF IPC 1860 AND SEC,.4, 12, 14, 17, 18 OF PCOSO ACT AND SEC.3, 4, 5, 6 AND 8 OF IMMORAL TRAFFIC PREVENTION ACT 1956 AND SEC.67-B INFORMATION TECHNOLOGY ACT PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-II (POCSO) D.K., MANGALURU IN SPL.C.NO.108/2022.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondentState. Perused the records.
An FIR came to be filed against the accused/petitioner in Crime No.12/2022 on 07.02.2022 by the Mangalore Women Police Station for the offences punishable under Sections 363, 376, 506, 109 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) and under Sections 4, 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short).
CRL.P No. 627 of 2023
CRL.P No. 627 of 2023
9 . Though respondent No.2/complainant is served, complainant remained absent.
CRL.P No. 627 of 2023
O R D E R
Sd/JUDGE
VBS List No.: 1 Sl No.: 46
3 issues framed by the court
Whether an accused who has jumped bail in a related POCSO case is entitled to anticipatory bail.
Whether a petitioner who surrendered anticipation bail and failed to appear in court warrants rejection of the present petition.
Whether the conduct of jumping bail establishes sufficient apprehension to deny anticipatory bail.
3 provisions across 3 enactments
SRI. UMARKUNHI @, MOHAMMED KUNHI @ KUNHI
STATE OF KARNATAKA
XXX D/O ASHRAF
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
