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H. P. SANDESH
Byjith – 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/accused No. 2 in Crime No. 337/2021 (Spl.C.No. 152/2022) of Parappana Agrahara Police Station, Bengaluru City, for the offences punishable under Sections 4 & 6 of POCSO Act and Sections 366A, 376, 506 read with 34 of IPC.
2. Heard the learned counsel appearing 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 on 09.11.2021, accused No. 1 in his two wheeler took C.W.4 and provided Pizza and after taking the Pizza, accused No. 1 took C.W.4 instead of taking her to the house, he took her to the lonely place and not allowed C.W.4 to speak with anybody else and threatened her. At that time, accused No. 2 came with a knife and assaulted with hands. When she was praying to leave her, accused No. 1 assaulted with stick on C.W.4 and removed her clothes. In spite of she resisted, subjected her for sexual act. Thereafter, accused No. 2 i.e., the petitioner herein also in spite of resistance by the victim - C.W.4, committed the sexual act. Both of them have shared the common intention
The credibility of the victim's statements and the weight given to different statements made by the victim before the police and under Section 164 of Cr.P.C. were crucial in determining the prima fac....
The court considered the victim's consistent allegations, medical evidence, and pending DNA report in rejecting the bail petition.
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.
Discrepancies in victim's statements, absence of supporting evidence, and delay in filing the complaint can be considered in granting bail.
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 vulnerability of a minor victim, the weight of the victim's testimony, and the heinous nature of the offence are crucial factors in bail decisions for cases involving sexual offences against chil....
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 main legal point established in the judgment is the significance of medical evidence in cases involving allegations of sexual offenses, and the court's discretion in granting bail based on the co....
The seriousness of the offence, victim's statement, and medical evidence must be considered in bail decisions, and reasons for granting bail must be recorded.
Prima facie evidence of sexual assault and threat to victim's family outweighed inconsistencies in victim's statements at the bail stage.
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