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M. G. UMA
Parashurama Gowdar – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
M. G. UMA, J. - The petitioner-accused is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.64/2022 of Gowribidanur Town Police Station, pending in Spl.C.No.140/2022 on the file of the learned Additional District and Sessions Judge, FTSC-I Court, Chikkaballapur, registered for the offences punishable under Sec. 9 of the Child Marriage Restraint Act, Sec. 6 of POCSO Act and Ss. 366, 376(2)(n) of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant-Mr.Srishyla.
2. Heard Sri.Raghavendra.P.H, learned counsel for the petitioner and Sri. Krishna Kumar K.K, learned High Court Government Pleader for the respondent-State. Perused the materials on record.
3. Learned counsel for the petitioner submitted that the petitioner is the sole accused. He is aged about 24 years. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 2/9/2022 and since then he is in judicial custody. The investigation has been completed and the charge sheet is also filed. Learned counsel for the petitioner further submits that the victim
The seriousness of the allegations, the age of the victim, and the petitioner's criminal antecedents are crucial factors in determining bail eligibility.
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.
The willingness of the victim in the marriage and the impact of the petitioner's custody on the victim and their children were crucial in the court's decision to grant bail.
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 willingness of families to perform marriage and precedent of a similar case influenced the court's decision to grant bail.
The central legal point established in the judgment is that the lack of evidence from the victim girl to support the charges influenced the court's decision to grant bail to the accused.
The court's decision emphasized the importance of considering the specific circumstances of the case, including the accused's cooperation with the investigation and the absence of criminal antecedent....
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.
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