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H.P.SANDESH
Srinivas Murthy H. N. – Appellant
Versus
State of Karnataka – Respondent
ORDER :
H.P. Sandesh, J.
1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No. 1 in Crime No. 288/2021 of Kumaraswamy Layout Police Station, Subramanyapura Sub-Division, Bengaluru City, for the offence punishable under Sections 376, 420 and 506 of IPC.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case is that this petitioner on 14.09.2021 took the victim girl to Athithi Comforts, Room No. 101 to have food and subjected her for sexual act as against her wish, even though her marriage was already engaged with some other person. After committing the said act, he promised that he would marry her and not to disclose the same to anyone and if she disclose the same to family members, he will take away her life.
4. Learned counsel appearing for the petitioner would vehemently contend that the petitioner is working as Assistant Executive Engineer in KPTCL and false case has been registered against him since, he is a Government employee and there is a delay of 1½ months in lodging the complaint. The alleged incident has taken place o
Prima facie evidence of sexual assault and life threat outweighed the accused's employment status in the bail decision.
The gravity of the offense, evidence of forcible sexual acts, and the victim's age are crucial factors in determining bail applications in cases involving minors and sexual offenses.
The timing of the sexual act in relation to the marriage is crucial in determining the applicability of certain offences and the grant of bail.
Prima facie evidence of sexual assault and threat to victim's family outweighed inconsistencies in victim's statements at the bail stage.
The seriousness of the offence, victim's statement, and medical evidence must be considered in bail decisions, and reasons for granting bail must be recorded.
The court considered the victim girl's 164 statement, completion of investigation, and charge-sheet filing in allowing the petitioner's bail application in a case involving offences under IPC, POCSO ....
The vulnerability of a minor victim, the weight of the victim's testimony, and the heinous nature of the offence are crucial factors in bail decisions for cases involving sexual offences against chil....
The timing of the sexual acts in relation to the marriage and the peculiar facts and circumstances of the case influenced the court's decision to grant bail.
The court considered the victim's consistent allegations, medical evidence, and pending DNA report in rejecting the bail petition.
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