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H. P. SANDESH
Sathisha – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed under Section 438 of Cr.P.C. praying this Court to enlarge the petitioner on bail in the event of his arrest in respect of Crime No. 120/2022 registered by Maddur Police Station, Mandya, for the offences punishable under Sections 376, 506 and 420 of IPC and Sections 4, 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short).
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that the complainant/victim has given the complaint before the police stating that when she was a minor in 2017, this petitioner came to her house and taking advantage of her mother and grandmother were not in the house, subjected her for sexual act and thereafter told that he would marry her and threatened not to disclose the same to anybody else. He had postponed the same saying that after attaining the age of 18 years, he would marry her and continuously subjected her for sexual act and ultimately marriage was engaged in the year 2020 and thereafter he has turned hostile saying that his mother is not intere
The court's decision hinged on the prima facie case against the petitioner in a matter involving allegations of sexual offences against a minor, leading to the denial of anticipatory bail.
Discrepancies in victim's statements, absence of supporting evidence, and delay in filing the complaint can be considered in granting bail.
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 court considered the victim's consistent allegations, medical evidence, and pending DNA report in rejecting the bail petition.
The timing of the sexual acts in relation to the marriage and the peculiar facts and circumstances of the case influenced the court's decision to grant bail.
The main legal point established in the judgment is that a petitioner's conduct, such as jumping bail in a related case and being unavailable for trial, can be considered in determining entitlement t....
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.
Anticipatory bail is not granted when specific allegations exist against the accused, necessitating custodial interrogation.
The timing of the sexual act in relation to the marriage is crucial in determining the applicability of certain offences and the grant of bail.
The court considered the voluntary nature of the victim's actions, the failure of the prosecution to provide essential evidence, and the victim and her family's express consent for granting anticipat....
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