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J. M. KHAZI
Madhu – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
J.M. Khazi, J. - In this appeal filed under Section 14A(2) of SC & ST (Prevention of Atrocities) Act, 1989, appellant who is accused is seeking bail in Cr. No. 91/2022 for the offences punishable under Sections 323, 354B, 376(3), 504, 506 I.P.C, Section 4(2), 5(L), 6 of POCSO Act and Section 3(1)(r)(s), 3(2)(v) of SC & ST Act, by setting aside the order dated 01.08.2022 passed in Crl.Misc.1297/2022 by the Addl. District and Sessions Judge, FTSC-II, Bengaluru Rural District.
2. For the sake of convenience the parties are referred to by their rank before the trial Court.
3. Respondent No. 1-State has appeared through High Court Government Pleader.
4. Respondent No. 2/complainant is duly served.
5. Accused is seeking bail contending that based on complaint dated 30.06.2022, filed by the complainant/respondent No. 2, a case in Cr. No. 91/2022 came to be registered against him for the offences punishable under Sections 323, 354B, 376(3), 504, 506 I.P.C, Section 4(2), 5(L), 6 of POCSO Act and Section 3(1)(r)(s), 3(2)(v) of SC & ST Act.
5.1. He is innocent of the offences alleged. There is inordinate delay of 4 days in lodging the complaint. The contents of the complaint indicate that
The vulnerability of the prosecutrix and her family is a key factor in considering bail applications for offences involving sexual assault and abuse.
The court upheld the trial court's denial of bail, emphasizing the severity of the offences and the need for a fair trial without witness tampering.
The court held that under the SC/ST (PoA) Act, the statutory bar in Section 18 precludes the granting of anticipatory bail when offences under the Act are prima facie established against the accused,....
The court's decision was based on the strong prima facie case and the likelihood of the petitioner threatening and tampering with the witnesses, in line with the provisions of the POCSO Act.
The main legal point established is that bail can be granted under Section 14(A)(2) of the SC/ST (PA) Act based on the prosecutrix's allegations, lack of sustained injury, and the need for the appell....
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