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P. N. DESAI
Sudeep @ Prajwal – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed under Section 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), seeking to enlarge the petitioner, who is arraigned as accused, on bail in Crime No.4/2022 of Kudagi Police Station, registered for the offences punishable under Sections 363, 342, 506 and 376 of Indian Penal Code ('IPC' for short), on the file of Senior Civil Judge and JMFC, Basavan Bagewadi.
02. It is the case of the prosecution that a complaint came to be filed by victim alleging that the petitioner was known to her and her family members. The petitioner has developed intimacy with the victim and taking undue advantage of intimacy, he called the victim over phone on 05.12.2021 at 02.30 p.m. to come near Muttagi cross and taken her forcibly on his motorcycle bearing Reg.No.KA-28-K-8040 to Muddebihal. The petitioner has threatened to take her life. The petitioner stayed with victim in the house of his relatives and forcibly subjected the victim to sexual intercourse. In this regard, a complaint came to be filed on 10.01.2022. Thereafter, the jurisdictional police has transferred the FIR to the jurisdictional police, which came to be registered in Crime No.4/2022 on 19.
Bail is a rule and rejection is an exception, and the court must consider various factors, including the nature of the offense and the character of the accused, when deciding on bail applications.
Discrepancies in victim's statements, absence of supporting evidence, and delay in filing the complaint can be considered in granting bail.
The court may grant regular bail following the completion of an investigation and filing of a charge sheet, particularly where medical reports are inconclusive and there is evidence of pre-existing p....
The gravity of the offense, evidence of forcible sexual acts, and the victim's age are crucial factors in determining bail applications in cases involving minors and sexual offenses.
The delay in filing the FIR and the nature of allegations can be considered in granting bail for serious offences.
The court emphasized that the necessity for continued detention must be weighed against the gravity of the allegations.
The willingness of families to perform marriage and precedent of a similar case influenced the court's decision to grant bail.
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.
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