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J. M. KHAZI
Tirupati – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
J.M. Khazi, J. - Petitioner who is arraigned as accused No.1 is before this Court under Section 439 of the Code of Criminal Procedure with a prayer to release him on bail for the offences punishable under Sections 376(2)(i), 302, 201, 114 of Indian Penal Code (for short, 'I.P.C.') and Sections 4, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act').
2. The petitioner/accused No.1 has contended that he is no way involved in the alleged incident and he is falsely implicated. From the perusal of the statement of witnesses creates doubt as to his presence at the time of incident. There is no prima facie material to connect him to the alleged crime. Already accused No.2 to 5 have been granted bail. The petitioner/accused No.1 also stands on the same footing. The entire material placed on record are considered, there is nothing to connect the petitioner/ accused No.1 with the alleged crime. Investigation is completed and charge sheet is filed and therefore, his custodial presence is no longer required. He is in judicial custody since 19.04.2022. He is ready to abide by any conditions that may be imposed.
3. Learned High Court Governme
The court has the discretion to deny bail when there is prima facie material connecting the accused with the alleged crime, and there is a possibility of tampering with witnesses, especially consider....
The court's decision was based on the strong prima facie case and the likelihood of the petitioner threatening and tampering with the witnesses, in line with the provisions of the POCSO Act.
The right of the accused to rebut the presumption of guilt under the POCSO Act and the importance of analyzing foundational facts to trigger the presumption.
Where judicial discretion to admit the petitioner on bail, is required to be exercised in his favour.
Inconsistent statements from the prosecutrix and lack of sufficient incriminating evidence justified the grant of bail to the accused, highlighting the necessity for a prima facie case for custody.
Point of Law : 7. Petitioner cannot be kept behind bars for an unlimited period, as investigation is complete and challan stands presented in learned trial Court, fact that petitioner is neither in a....
Grant of Bail - Offence of Sexual Offence and commit suicide - In view of different versions of prosecutrix forthcoming and other material placed on record like MLC, call detail record and in peculia....
Point of Law : POCSO – Grant of Bail - Love affair between the petitioner and the prosecutrix and their marriage is likely to take place in near future.
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