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P. N. DESAI
Dyamanna – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed under Sec. 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), seeking to enlarge the petitioner, who is arraigned as accused No.1, on bail in Crime No.157/2021 of Talikot Police Station, registered for the offences punishable under Ss. 143, 147, 323, 343, 363, 376 (i) (n), 354, 504 and 506 read with Sec. 149 of Indian Penal Code (for short 'IPC') and under Ss. 3 (1) (r) (s), 3 (2) (v) (a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) New Act-2015 (for short 'SC/ST (PA) Act') and under Ss. P(L) and 12 of the Protection of Children from Sexual Offences (POCSO) Act-2012 (for short 'POCSO Act'), pending on the file of Addl. Sessions Judge Fast Track Special Court-I (POCSO) at Vijayapur, Dist: Vijayapur.
2. It is the case of the prosecution that the father of the victim has filed a complaint stating that his daughter was kidnapped by the petitioner. It is further contended that when the victim was traveling to school in the vehicle of the petitioner, at that time accused No.1 started giving sexual harassment. It is also alleged that family members of the petitioner are also supported the petitioner. They hav
Bail is a rule and rejection is an exception. The court must consider various factors, including the nature and seriousness of the offence, when deciding on bail in a non-bailable offence.
The seriousness of the allegations, the age of the victim, and the petitioner's criminal antecedents are crucial factors in determining bail eligibility.
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 court considered the victim's conflicting statements, her age, and the circumstances of her marriage in granting bail to the accused, highlighting the importance of evaluating the totality of cir....
Discrepancies in victim's statements, absence of supporting evidence, and delay in filing the complaint can be considered in granting bail.
The court considered the statutory presumption of guilt operating against the accused in a case relating to an offence under the POCSO Act, the specific role of the accused in the alleged crime, and ....
Court affirmed that granting bail in sexual harassment cases involving minors poses risks to victim safety and potential witness tampering.
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