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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P. Sandesh, J.
Mr. Ajmal @ Ajmal Hussain S/o. Ibrahim - Appellant
Vs.
State Of Karnataka By Bantwal Rural Police Station, Bengaluru - Respondent
Criminal Petition No.9517 of 2022
Decided On : 16-01-2023
Bail - Offence under Sections 376-D and 506 read with Section 34 of IPC and Sections 4, 5(G) and 6 of Protection of Children from Sexual Offences Act, 2012 - [Sections 376-D, 506, 34, 4, 5(G), 6]
Fact of the Case:
The petitioner and another accused subjected a minor girl to sexual acts and threats, leading to the filing of a charge sheet. The petitioner filed a bail petition, citing the victim's multiple complaints against different persons and lack of support from certain witnesses.
Finding of the Court:
The court rejected the bail petition, emphasizing the victim's consistent testimony and the heinous nature of the offence. The court also highlighted the victim's vulnerability as a minor and the lack of merit in the successive bail petition.
Issues: The issues revolved around the victim's multiple complaints, lack of witness support, and the petitioner's claim for bail in light of these factors.
Ratio Decidendi: The court emphasized the vulnerability of the minor victim, the weight given to the victim's testimony, and the heinous nature of the offence in denying the bail petition.
Final Decision: The bail petition was rejected.
ORDER :
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No.2 in Crime No.135/2021 of Buntwala Rural Police Station, Buntwala Sub-Division, Dakshina Kannada, for the offence punishable under Sections 376-D and 506 read with Section 34 of IPC and Sections 4, 5(G) and 6 of Protection of Children from Sexual Offences Act, 2012.
2. Heard the learned Senior counsel Sri Vivek Reddy for the petitioner and the learned High Court Government Pleader appearing for the respondent No.1-State.
3. The factual matrix of the case of the prosecution is that this petitioner and also another accused person subjected the minor girl, who is aged about 16 years for sexual act as against her wish and also caused life threat not to disclose the same to anybody else and continuously subjected her for sexual act for five months by threatening her. Hence, the police have registered the case, investigated the matter and filed the charge sheet.
4. After filing of the charge-sheet, this petitioner, who has been arraigned as accused No.2 had approached this Court by filing Crl.P.No.1600/2022 and this Court, vide order dated 31.05.2022, considered the matter on merits and in Para Nos.7 and 8, comes to the conclusion that the material on record discloses that the victim was subjected to sexual act and also in 164 statement, the victim girl narrated the same and the fact that she is aged about 16 years is not in dispute. The contention was also raised that other accused also subjected the victim for sexual act and taking note of the said submission, this Court arrived at the conclusion that, even assuming that victim was subjected to sexual act by different persons, the girl below the age of 16 years is not vulnerable, even considering the submission of the learned counsel for the petitioner. This Court also taken note of 164 statement of the victim and medical evidence in Para No.8 and comes to the conclusion that it is a heinous offence by this petitioner as well as another accused person by subjecting the girl for sexual act one after the other and continuously subjected her for sexual act for five months.
5. After dismissal of this petition, once again, both the accused Nos.1 and 2 have approached the Additional District and Sessions Judge/FTSC-II (POCSO), D.K., Mangaluru in Spl. Case No.1/2022 and the Court rejected the bail application vide order dated 22.08.2022. Hence, the petitioner has approached this Court by filing the present petition.
6. The main contention of the learned Senior counsel appearing for the petitioner is that, only bald allegations are made against this petitioner and the victim was also examined as P.W.1 before the Trial Court and her evidence is very clear that she has lodged several complaint against different persons and hence, the victim cannot be considered as an innocent. It is also his submission that the evidence of the victim has already been completed and the medical reports are also filed and other witnesses, who have been examined as P.Ws.2 to 5 have not supported the case of the prosecution.
7. The counsel has also filed a memo along with certain documents before this Court i.e., copies of FIR in Crime No.31/2022, 164 statement, complaint and charge-sheet. The counsel also relied upon the depositions of special case arising in Crime No.31/2022, copy of FIR in Crime No.133/2021, copy of the complaint, copy of 164 statement, copy of the charge-sheet and copy of the depositions in special case arising in Crime No.133/2021.
8. The counsel, relying upon these documents would vehemently contend that the victim is having the habit of filing the complaints one after the other and the Court has to look into the conduct of the victim in filing the complaint against different persons making similar allegations. The counsel also brought to notice of this Court that, Crime No.11/2022 was registered and in that complaint, she says that, when she went to book a ticket to go to Hariyana, she we
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....
Prima facie evidence of sexual assault and threat to victim's family outweighed inconsistencies in victim's statements at the bail stage.
Grant of Bail - Bail is not to be withheld as a punishment.
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 clear provisions of the POCSO Act defining a minor as a girl below the age of 18 years and the importance of medical evidence in cases of sexual assault against minors.
The court considered the victim's consistent allegations, medical evidence, and pending DNA report in rejecting the bail petition.
Point of Law : grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decision....
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....
Exercise of discretion in favor of the petitioner based on completion of investigation and the need to prove allegations during the trial.
Consent to accompany, wander or to have dinner and to stay in a room does not, in all eventuality, amount that there is consent of a girl or woman to have sexual intercourse.
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