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H.P.SANDESH
M. N. Sunil – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No. 104/2021 of Vijayapura Police Station, Bengaluru Rural district for the offences punishable under Sections 376, 506 of IPC and Sections 4 and 6 of POCSO Act.
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 subjected the minor girl for sexual act continuously. The victim was pursuing her education in the college and this petitioner on the guise of dropping her, he took her in the motorcycle to eucalyptus garden and subjected her for sexual act against her wish and also threatened her not to reveal the same to anybody as a result, the victim became pregnant. Based on the complaint, the police have registered the case and after completion of the investigation, charge-sheet has been filed against this petitioner and the victim was subjected to the medical examination and her statement also recorded by the learned Magistrate under Section 164 of Cr.P.C.
4. The learned counsel appearing for the petitioner would submit that the victim made he
The court considered the victim's consistent allegations, medical evidence, and pending DNA report in rejecting the bail petition.
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.
The credibility of the victim's statements and the weight given to different statements made by the victim before the police and under Section 164 of Cr.P.C. were crucial in determining the prima fac....
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 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 conflicting statements, her age, and the circumstances of her marriage in granting bail to the accused, highlighting the importance of evaluating the totality of cir....
The victim girl's consent, being aged 16, cannot be treated as consent in the eye of law, and the court cannot hold a mini trial to ascertain the merits or demerits of the case at the bail stage.
Discrepancies in victim's statements, absence of supporting evidence, and delay in filing the complaint can be considered in granting bail.
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....
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