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H. P. SANDESH
Syed Shabaj – Appellant
Versus
State of Karnataka – Respondent
ORDER
1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.396/2021 of Rajagopal Nagar Police Station, Bengaluru City, for the offence punishable under Section 363, 366-A and 376 of IPC, Sections 5(L) and 6 of POCSO Act and Section 4 of Child Marriage Act.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent No.2-State.
3. The factual matrix of the case of the prosecution is that this petitioner subjected the victim for sexual act knowing fully well that she is aged about 15 years in a lodge. Hence, the police have invoked the offence under Sections 363, 366-A and 376 of IPC, Sections 5(L) and 6 of POCSO Act and Section 4 of Child Marriage Act.
4. Learned counsel for the petitioner would submit that the very statement made by the victim is clear that she fell in love with the petitioner. Hence, both of them left the house thinking that their parents will not give consent since, they belong to different religion and stayed in a room and thereafter, went to Darga and marriage has taken place in a Temple and after the marriage, this petitioner subjected her for sexual
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 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 court considered the victim's consistent allegations, medical evidence, and pending DNA report in rejecting the bail petition.
The main legal point established in the judgment is that the nature of the relationship between the victim and the petitioner, including the validity of the marriage and allegations of forced love an....
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 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 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 heinous nature of the offences and prima facie evidence are crucial factors in determining bail applications in cases involving sexual offences against minors.
The court considered the changed circumstances and lack of evidence in favor of the prosecution in allowing the bail petition.
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