M.G.UMA
Pundalik – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
M.G. Uma, J.
1. Appellant being the sole accused is before this Court seeking grant of bail under Section 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'SC/ST (PA) Act'), in Crime No. 28/2022 of Nelogi Police Station, registered for the offences punishable under Sections 376(2)(n), 448, 504, 323, 506 of the Indian Penal Code (for short 'IPC'), along with Sections 3(1)(r)(w)(i) and 3(2)(v) of SC/ST (PA) Act, on the basis of the first information lodged by informant.
2. The prosecutrix filed the first information against the accused alleging commission of the above said offences. The FIR was registered by Nelogi police station and investigation was undertaken. After investigation, charge sheet came to be filed. It is the case of the prosecution that accused developed intimacy with the prosecutrix and he used to visit her house and used to talk with her over phone. He asked the informant to come to the land of one Mallugouda and he has criminally intimidated her. Accordingly, prosecutrix went to the land and accused committed sexual assault. Thereafter, he committed sexual assault in the said land on the victim repeatedly. On 04.03
The main legal point established is that bail can be granted under Section 14(A)(2) of the SC/ST (PA) Act based on the prosecutrix's allegations, lack of sustained injury, and the need for the appell....
The vulnerability of the prosecutrix and her family is a key factor in considering bail applications for offences involving sexual assault and abuse.
Consistency in witness statements and the accused's criminal background can influence the court's decision on bail applications in serious criminal cases.
The court granted bail based on the absence of visible injuries on the prosecutrix and the completion of witness statements, reducing the risk of influence.
The completion of investigation and absence of reasons to detain the appellant are crucial factors in determining entitlement to bail.
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