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SHIVASHANKAR AMARANNAVAR
Mahesh – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed by accused No.1 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter re ferred to as the 'Cr.P.C.' , for brevity) seeking bail in Dharwad Sub-urban Police Station Crime No.151/2022 registered for the o ffences punishable under Sec. 376 of The Indian Penal Code (hereina fter referred to as the 'IPC' , for brevity), Ss. 4 and 6 of the Protection of Children from Sexual O ffences Act, 2012 and Ss. 9 and 11 of Prohibition o f Child Marriage Act , 2006.
2. The case of the prosecution is that, one Dr.Kamalavva, District Child Protection Of ficer , has filed a complaint stating that, on 11/7/2022 at about 4:00pm, the members of District Child Protection Unit has produced the victim stating that, the victim is a minor and her marriage was performed with the petitioner/accused and she is now pregnant and they are trying to admit to Nirbhaya ward , KIMS Hospital, Hubballi and victim is afraid . She is not ready to get admitted to KIMS hospital, Hubballi and she is willing to stay with her parents. On 12/7/2022 , the victim was admitted to Nirbhaya ward in KIMS Hospital, Hubballi and MLC report was received. The complainant talked with the assi
The court's decision emphasized the importance of considering the specific circumstances of the case, including the accused's cooperation with the investigation and the absence of criminal antecedent....
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....
The court considered the changed circumstances and lack of evidence in favor of the prosecution in allowing the bail petition.
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 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.
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