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H. P. SANDESH
Akhil – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
H.P. Sandesh, J. - Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
2. Crl.P.No.7399/2021 is filed by accused No.10 and Crl.P.No.7936/2021 is filed by accused No.11 invoking Section 439 of Cr.P.C seeking regular bail in Crime No.175/2021 of Ramamurthy Nagar Police Station, Banaswadi Sub-Division, Bengaluru City for the offence puni.shable under Sections 120-B, 201, 204, 323, 324, 343, 366, 366(B), 370, 370(a)(2), 376(D), 376, 384, 504 and 506 read with Section 149 of IPC, Section 67(a) of I.T. act, Section 14 of Foreigners act and Sections 4, 5 and 9 of I.T.P. act.
3. The factual matrix of the case is that the other accused persons and the petitioners herein indulged in committing the act of subjecting the women for sexual act, uploading the same in Whatsapp, causing life threat and also indulged in the act of trafficking the women from Bangladesh.
4. Learned counsel appearing for the petitioner-accused No.10 in Crl.P.No.7399/2021 would submit that the statement of the victim girl was recorded under Section 164 of Cr.P.C. and nowhere, she has stated that these petitioners were present and only refer
The main legal point established in the judgment is that the entitlement to bail should be considered in light of the specific allegations and the duration of custody, and that the court has the disc....
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 considered the victim's consistent allegations, medical evidence, and pending DNA report in rejecting the bail petition.
The court established that significant contradictions in witness statements can influence the decision to grant bail, particularly when balanced against the age and circumstances of the accused.
Bail can be granted in cases where allegations made against accused are not supported by any evidence.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case and the statements of the prosecutrix do not justify continued custody.
The court's decision was primarily based on the lack of specific allegations against the petitioner despite the gravity of the offence and the presence of specific allegations against accused No.2.
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