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IN THE HIGH COURT OF KARNATAKA
H. P. Sandesh, J.
Sharath @ Sharathkumar - Appellant
Versus
State of Karnataka - Respondent
Criminal Petition No. 8078 of 2021
Decided On : 12-01-2022
Bail - Offences under IPC, POCSO Act, and Child Marriage Acts - The court granted bail to the petitioner under Section 438 of Cr.P.C. considering the factual aspects, the main accused and other accused persons being enlarged on bail, and the only allegation against the petitioner being his assistance in kidnapping a minor girl for marriage.
Fact of the Case:
The petitioner sought regular bail for offences under Sections 363, 376, 366(A) of IPC, 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, as he was accused of assisting in the kidnapping and marriage of a minor girl.
Finding of the Court:
The court, after considering the arguments from both sides, found that the only allegation against the petitioner was his assistance in kidnapping a minor girl for marriage. Considering the factual aspects and the bail status of other accused persons, the court granted bail to the petitioner.
Issues: The main issue was whether the petitioner should be granted bail for the offences he was accused of, considering the nature of the allegations against him.
Ratio Decidendi: The court's decision was influenced by the factual aspects, the bail status of the main accused and other accused persons, and the specific allegation against the petitioner, leading to the exercise of discretion in granting bail.
Final Decision: The petition was allowed, and the petitioner was granted bail with specific conditions to surrender before the Investigating Officer, execute a personal bond, and not tamper with prosecution witnesses or leave the jurisdiction of the Court without prior permission.
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 against this petitioner is he helped accused No.1 in kidnapping minor girl and marrying said girl. Hence, it is not a fit case for granting bail.
6. Having taken note of the factual aspects and main accused already been enlarged on bail and other accused persons are also enlarged on bail and the only allegation against this petitioner is that he helped accused No.1 in kidnapping minor girl. Hence, it is a fit case to exercise discretion.
In view of the discussions made above, I pass the following:
ORDER
The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.102/2021 registered by 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, subject to the following conditions:
(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall not leave the jurisdiction of the Court without prior permission till the disposal of the case.
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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