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S. VISHWAJITH SHETTY
Susheela – Appellant
Versus
State – Respondent
JUDGMENT
1. Accused No.2 in Spl.C.No.676/2022 pending before the Court of Additional District Judge and FTSC-II, Bengaluru Rural District, Bengaluru arising out of Crime No.187/2022 registered by Hebbagodi Police Station, Bengaluru District for the offence punishable under Sec. 376 R/w 34 of IPC and Ss. 4 and 17 of Protection Of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Sec. 9 of The Prohibition of Child Marriage Act, 2006 is before this Court seeking regular bail.
2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.
3. On the basis of statement dtd. 10/6/2022 made by the victim girl, who is the daughter of petitioner herein, FIR in Crime No.187/2022 was registered by Hebbagodi Police Station against one Chetan and the petitioner herein for the aforesaid offences. In the statement it is averred that the victim girl was aged about 16 years and she was studying in 10th standard. She was residing in her house along with her mother and grandmother and her mother was forcing her to get married to Chetan. This was resisted by the victim girl. It is alleged that on 1/2/2022, the petitioner allegedly got
The court established that the victim's voluntary marriage and lack of allegations against the accused are significant factors in considering bail under the POCSO Act.
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 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 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.
Granting of regular bail in cases involving POCSO and Child Marriage charges when there is evidence of a consensual marital relationship, birth of a child, and pending evidentiary determination of th....
The court considered the changed circumstances and lack of evidence in favor of the prosecution in allowing the bail petition.
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 timing of the sexual act in relation to the marriage is crucial in determining the applicability of certain offences and the grant of bail.
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