The court denied bail due to the serious allegations of sexual assault against a minor, emphasizing the potential trauma to the victim and the severity of the charges.

The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.48/2024 of Sullia Police Station, pending in Spl. Case No.5023/2024 on the file of the learned V Additional NC: 2024:KHC:24910 CRL.P No. 5572 of 2024 District and Sessions Judge and Special Judge, D.K., Mangaluru registered for the offence punishable under Section 376(2)(i)(n) and Section 506 of the Indian Penal Code (for short 'IPC'), Sections 4 , 5(L), 6, 12 and 14 of Protection of Children from Sexual Offences Act , 2012 (for short ‘POCSO Act’) and Section 66(E) and Section 67 of Information Technology Act , 2008 (for short ‘IT Act’) on the basis of the first information lodged by the Informant viz., Anisha. 2. Heard Sri.K.Ravi Shankar, learned counsel for the petitioner and Smt.K.P.Yashodha, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

NC: 2024:KHC:24910 CRL.P No. 5572 of 2024 “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Negative’ for the following:

R E A S O N S

4. The petitioner being the sole accused is seeking grant of bail. He was apprehended on 15.03.2024 and since then, he is in judicial custody.

5. The mother of the victim lodged the first information making specific allegations against the petitioner. The victim was aged 17 years. The petitioner under promise to marry the victim committed penetrative sexual assault against her will and taken her private photos and videos. The petitioner was blackmailing the victim of sharing the same in the social media, if she is not consenting for his lust. Under such circumstances, the contention taken by the learned counsel for the petitioner NC: 2024:KHC:24910 CRL.P No. 5572 of 2024 that there is delay in lodging the first information, cannot be accepted.

6. After investigation, the charge sheet is filed. Looking to the nature and seriousness of the offence and also the fact that the victim is not yet attained majority, whereas the petitioner is aged 31 years, I am of the opinion that the petitioner is not entitled for grant of bail at this stage as releasing of the petitioner on bail may traumatize the victim and the Informant. Therefore, I am of the opinion that the petitioner is not entitled for grant of bail.

7. Accordingly, I answer the above point in the negative and proceed to pass the following:

ORDER (i) The petition is dismissed.

(ii) At this stage, learned counsel for the petitioner seeks liberty to move the similar petition before the Trial Court after examination of the Informant and the Victim.

NC: 2024:KHC:24910 CRL.P No. 5572 of 2024 (iii) Liberty is reserved with the petitioner as prayed for.