Govind S/O Masti Naik v. the State of Karnataka
Case brief
What is this about?
Karnataka High Court (Dharwad Bench), CRL.A No. 100171 of 2025, decided 24-04-2025 by Justice Shivashankar Amaranannavar: criminal appeal under S.14A(2) SC/ST Act against rejection of bail in Spl. Case No. 82/2024 (Kumta P.S. Crime No. 98/2024; IPC 376, 376(1), 376(2)(n), 376(AB), 376(2)(m), 506; POCSO Act 2012 ss. 4, 6, 8, 10, 12; SC/ST Act ss. 3(1)(w)(i), 3(2)(va), 3(2)(v)); child victim aged 11 years; S.164 Cr.P.C. statement implicating accused; medical evidence of sexual violence including sexual intercourse; offence punishable up to 20 years; bail refused apprehending threat to victim, complainant and witnesses; appeal dismissed.
What did the court decide?
Considering the victim girl's age of 11 years (date of birth 16.10.2013 as per birth certificate), the medical evidence of rupture of hymen, vaginal bleeding and sexual violence including sexual intercourse, her Section 164 Cr.P.C. statement implicating the appellant, and that the offence alleged is punishable with imprisonment for 20 years as a heinous offence against a child, the Court held that grant of bail to the appellant/accused would pose a threat to the complainant, the victim girl and other prosecution witnesses.