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H. P. SANDESH
Raghavendra S. M. – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No. 7/2022 of Shravanabelagola Police Station, Hassan, for the offence punishable under Sections 376 and 506 of IPC and Section 6 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 victim is the resident of Mallenahalli village and she was pursuing I PUC at Shravanabelagola and she came in contact with this petitioner and this petitioner being an auto driver used to drop her to her village. That on 02.05.2021 at about 12.30 p.m., when the victim girl came to Shravanabelagola, this petitioner dropped her to her house and when the victim invited him for coffee and when she was preparing coffee, he committed rape on her against her wish and caused threat to her not to reveal the same to anybody else. It is also an allegation that this petitioner went near the college in which she was pursuing her education and took her to his pump house and committed t
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 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 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 victim's consistent allegations, medical evidence, and pending DNA report in rejecting the bail petition.
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 victim girl's consent, being aged 16, cannot be treated as consent in the eye of law, and the court cannot hold a mini trial to ascertain the merits or demerits of the case at the bail stage.
Prima facie evidence of sexual assault and threat to victim's family outweighed inconsistencies in victim's statements at the bail stage.
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 ....
Prima facie evidence of sexual assault and life threat outweighed the accused's employment status in the bail decision.
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