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H. P. SANDESH
Sharath @ Sharathkumar – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
H.P. Sandesh, J. - This petition is filed under Section 438 of Cr.P.C. seeking regular bail of the petitioner in Crime No.102/2021 of Kengeri Police Station, Bengaluru, for the offences punishable under Sections 363, 376, 366(A) of IPC and Sections 3, 4 and 6 of POCSO Act and Sections 9 and 10 of Prohibition of Child Marriage Act and Section 11 Child Marriage Restraint Act.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State.
3. The factual matrix of the case is that accused No.1 on 23.03.2021 kidnapped a minor girl and married her at the assistance of this petitioner and other accused persons and accused No.1 subjected her for sexual act and police have investigated the matter and filed charge sheet arraigning this petitioner as accused No.5.
4. Learned counsel for petitioner submits except allegation against this petitioner that he assisted accused No.1 in kidnapping her and marrying her, no other allegations are made. Main accused is already enlarged on bail and other accused persons are also enlarged on bail. Hence, petitioner may be enlarged on bail.
5. Per contra, learned HCGP submits charges levelled again
The court's decision to grant bail was based on the specific allegation against the petitioner, the factual aspects, and the bail status of other accused persons, demonstrating the exercise of discre....
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 court established that under the Cr.P.C., bail may be granted when the nature of allegations does not warrant continued custody, especially when the investigation is complete.
The willingness of the victim in the marriage and the impact of the petitioner's custody on the victim and their children were crucial in the court's decision to grant bail.
The main legal point established in the judgment is that the nature of the relationship between the victim and the petitioner, including the validity of the marriage and allegations of forced love an....
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 declined bail based on allegations supported by victim statements and prior bail context.
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