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.

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 act and after that he threatened not to reveal about the same to anybody and in the meantime, her second brother and aunt knocked the door and the respondent tried to ran away from the place and when the victim's brother tried to hold him, he managed to escape from the spot and hence, the villagers came and told that they would arrange the panchayat but no panchayat was conducted and hence, there is a delay in lodging the complaint.

4. The learned High Court Government Pleader appearing for the State would submit that the Trial Court granted bail in favour of the respondent and while granting the bail, the Trial Court made an observation that on careful reading of the statement of the victim recorded under Sec. 164 of Cr.P.C. the victim has not whispered anything regarding ingredients necessary to constitute an offence punishable under Sec. 4 and 6 of the POCSO Act or under Sec. 346(i) of IPC and it is also observed that the disclaimer statement recorded by the Magistrate also envisages that the statement of the victim was recorded without any kind of coercion or tutoring and is her voluntary statement out of her wish and will and further observed that the accused is in judicial custody since 19/5/2020, in unprecedented situation of corona pandemic wherein the prison is congested the trial Court granted bail in favour of the respondent. Hence, the present petition is filed seeking cancellation of bail under Sec. 439(2) of Cr.P.C.

5. The learned High Court Government Pleader appearing for the State would vehemently contend that the contents of the complaint is very specific that this respondent had sexual intercourse forcibly with her causing threat by placing the sickle on her neck stating that he would commit her murder and this respondent is none other than the cousin brother of the victim and in the complaint there is explanation regarding the delay is concerned. The Trial Court has committed an error in not considering the statement of the victim recorded under Sec. 164 of Cr.P.C. in its entirety and came to the erroneous conclusion that the victim has not whispered anything regarding ingredients necessary to invoke Sec. 4 and 6 of POCSO Act and the medical examination is also done on the date of the complaint itself and it shows that the victim is subjected for sexual act forcibly and inspite of it, the Trial Court committed an error in coming to the conclusion that the respondent is in custody from 19/5/2020 and the prison is congested due to unprecedented situation of corona pandemic and ordered to release the respondent in a capricious manner and the said order amounts to perverse in nature and the same requires interference of this Court.

6. Per contra, the learned counsel appearing for the respondent would submit that the Trial Court while ex