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MOHAMMAD NAWAZ
Tejas V – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This appeal is preferred by the accused praying to release him on bail in Crime No.168/2023 registered at Avalahally Police Station, Bengaluru.
2. I have heard the learned counsel for appellant, learned High Court Government Pleader for the State and respondent No.2/victim who is present before the Court.
3. On a complaint lodged by respondent No.2, Avalahally Police registered Crime No.168/2023 against the appellant for the offences punishable under Sections 506, 504, 376, 313 and 417 of IPC. In the complaint, it is averred that the complainant is aged about 24 years and after the demise of her parents, she has been residing in a rented house and working at reliance. She got acquainted with the accused who was also working there and their acquaintance turned into close intimacy. On two to three occasions, the accused took her to his house in the absence of his parents and committed forcible sexual intercourse on her and promised that he will marry her. Thereafter, on the pretext of marriage, on several occasions he committed sexual intercourse and told her not to reveal the incident to others. Further, when she conceived, he got her pregnancy aborted and then changed his
The court may grant bail in cases involving serious offences, considering the peculiar facts and circumstances, and by imposing suitable conditions.
The completion of investigation and absence of reasons to detain the appellant are crucial factors in determining entitlement to 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 allows bail based on the victim's consent and no further requirement for custody during proceedings.
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 is that bail can be granted under Section 14(A)(2) of the SC/ST (PA) Act based on the prosecutrix's allegations, lack of sustained injury, and the need for the appell....
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....
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