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H.P.SANDESH
STATE OF KARNATAKA – Appellant
Versus
SHANTHRAJ – Respondent
JUDGMENT :
H.P. Sandesh, J.
1. This petition is filed under Sec. 439(2) of Cr.P.C. seeking cancellation of the order of bail by setting aside the order dtd. 10/8/2020 passed on the learned Principal District and Sessions Judge, Chamarajanagar.
2. Heard the learned High Court Government Pleader appearing for the petitioner-State and the learned counsel appearing for the respondent.
3. The factual matrix of the case is that the victim who is aged about 14 years studying in 9th standard was subjected to the sexual act by this petitioner, who happens to be cousin brother of the victim and incident was taken place on 15/5/2020 and the complaint was given by the victim herself on 18/5/2020 wherein she has narrated about the incident that when she went to attend nature call at about 10.00 p.m., this petitioner entered inside the house and her mother was not in the house and she had been to Sikallpura village and her brothers were also not in the house and taking advantage of the said circumstance, the respondent forcibly held her and closed her mouth and locked the door and made her to fall on the ground and immediately took out the sickle and threatened not to scream and committed the sexual
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 importance of complying with mandatory provisions of the law, recording reasons for granting or denying bail, and applying judicial mind in bail matters.
The court emphasized the need for an independent analysis of each case, the consideration of the provisions of the POCSO Act, and the heinous nature of the offenses while granting bail.
Discrepancies in victim's statements, absence of supporting evidence, and delay in filing the complaint can be considered in granting 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 court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
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.
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