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H. P. SANDESH
Lokesh S. l. – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed under Sec. 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.109/2021 registered by the Chikkanayakanahalli Police Station for the offences punishable under Ss. 3, 4, 5, 7 of the Immoral Traffic Prevention 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 on 28/8/2021 at about 7.20 p.m. the complainant and his staff were on patrolling duty at bus stop near Banashankari Choultry and temple, he received the credible information that prostitution business was running illegally in the house of one Srinivas by one Vinodamma to earn money illegally by brining men and women for the said purpose. On the basis of the said information, raid was conducted on the said house and found that there was illegal prostitution business was running and one person was escaped from the spot and they tried to chase him but they were unable to apprehend him. Based on the complaint, police have registered the case for the aforesaid offences.
4. The learned counsel for the petitioner would submit that a f
The court has the discretion to grant bail under Sec. 438 of Cr.P.C. based on the gravity of the offences and the allegations made in the complaint.
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.
The validity of identification and the entitlement to pre-arrest bail based on the lack of valid basis for identification and serious dispute over the person's identity.
Bail can be granted in cases where allegations made against accused are not supported by any evidence.
Point of Law : POCSO – Grant of Bail - Love affair between the petitioner and the prosecutrix and their marriage is likely to take place in near future.
Lack of valid identification and dispute over the identity of the accused at the scene of the offence can entitle the accused to pre-arrest bail.
The validity of identification and the prima facie well-founded nature of the accusation are crucial in determining the grant of pre-arrest bail.
The validity of identification and the disputed identity of the accused influenced the decision to grant pre-arrest bail.
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