Kumar Vs the State of Karnataka and Anr. — Child Sexual Offences (POCSO) | Karnataka HC (2025)

Kumar Vs the State of Karnataka and Anr. — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail on executing a personal bond of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court, subject to conditions: (a) shall not threaten or hamper prosecution witnesses; (b) shall not leave the jurisdiction of the Court till disposal; (c) shall not involve in any other criminal or similar cases in future till disposal of the present case; (d) shall appear before the Trial Court on all dates of hearing without fail.

Issue for consideration

Whether the petitioner, arraigned in Crime No.33/2024 (pending as Spl. Case No.267/2024 before the District and Sessions Judge, Yadgir) for offences under Sections 363, 506, 376(3) and 376(2)(n) IPC and Sections 4 and 6 of the POCSO Act, 2012, should be enlarged on regular bail under Section 439 Cr.P.C. (old) / Section 483 BNSS (new). +1 more

Court's answer

Though the record indicated the victim was aged about fourteen years eleven months, the Court observed that whether she had been subjected to sexual assault or not was a matter required to be considered during trial, and did not decide that question.

Ratio / Principle

Having gone through the materials available on record without adverting to the merits of the case, the Court held it appropriate to grant the petitioner bail with suitable conditions that would take care of the apprehension of the prosecution.

Key takeaways

Taking into account the statement of the prosecutix that she was allowing the petitioner and voluntarilyaccompanied him to Bombay and stayed there with him till secured by the respondent-police, and considering the facts and circumstances of the case without adverting to the merits, the Court found it appropriate to grant bail by imposing suitable conditions.ratio¶51
The criminal petition was allowed and the petitioner enlarged on bail on executing a personal bond of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court, subject to conditions: (a) not to threaten or hamper prosecution witnesses; (b) not to leave the jurisdiction of the Court till disposal; (c) not to involve in any other criminal or similar cases in future till disposal; and (d) to appear before the Trial Court on all dates of hearing without fail.ratio¶58

Detailed headnote1 paragraphs

Bail - Regular bail under S.439 Cr.P.C. (old)/S.483 BNSS (new) granted to a driver aged 30 arraigned in Crime No.33/2024 of the Women's Police Station, Yadgir, pending as Spl. Case No.267/2024 before the District and Sessions Judge, Yadgir, for offences under Ss.363, 506, 376(3), 376(2)(n) IPC and Ss.4 & 6 POCSO Act, 2012, arising from allegations that he kidnapped a minor girl on 18.06.2024 and committed sexual assault on her (also alleged on 08.04.2024 and while she stayed with him at Bombay until rescued by police). Record indicated the victim's age as about fourteen years eleven months; the Court held that whether she had been subjected to sexual assault was a matter required to be considered during trial, and without adverting to the merits - noting the statement of the prosecutix that she voluntarilyaccompanied the petitioner to Bombay and stayed with him till secured by the police - granted bail on a personal bond of Rs.1,00,000/- with one surety for the likesum, imposing conditions against threatening/hampering prosecution witnesses, leaving the Court's jurisdiction, fresh criminal involvement, and requiring appearance before the Trial Court on all hearing dates. Defence submissions included the petitioner's innocence, non-disclosure of the victim's actual age, absence of proof of sexual assault, and judicial custody of about nine months.