SHIVASHANKAR AMARANNAVAR
Devaraju @ Vinith Devendra @ Devu – Appellant
Versus
State of Karnataka – Respondent
ORDER (ORAL)
This petition is filed by the sole accused under Section 483 of the BNSS praying to grant bail in Crime No.311/2024 of Belur Police Station, registered for offences punishable under Sections 137(2), 75, 96, 126(2), 351(2) and 64 of BNS and Section 6 of POCSO Act, pending in a Spl.C.No.69/2025 on the file of Additional District and Sessions Judge, FTSC-1, Hassan.
2. Heard learned counsel for the petitioner and learned Additional SPP for respondent No.1/State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.
3. Learned counsel for the petitioner would contend that petitioner and the victim girl were in love affair and the same has been stated by the victim girl in her statement recorded by the investigating officer and also before the doctor at the time of her examination. The victim girl is aged 15 years as on the date of alleged offence and she is of the age of understanding the consequences of her acts. The petitioner is in judicial custody since 21.12.2024 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petitio
Bail application – Bail can be granted where charge-sheet is filed and accuse is not required for further custodial interrogation.
The nature of the relationship and the age of the victim are crucial factors in determining bail under the POCSO Amendment 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....
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