Case Note & Summary
The petitioner, SR Bujji A K A Babu G, filed a criminal petition under Section 439 CrPC seeking bail in Crime No.179/2022 registered by Bagepalli Police Station, Chikkaballapura, for offences punishable under Sections 363, 376(2)(n), 344 of IPC, Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006. The case was pending before the Additional and Sessions Judge, FTSC-1 (POCSO), Chikkaballapura in Spl.S.C. (POCSO) No.116/2022. The complainant, respondent No.2, alleged that her 16-year-old daughter (victim) was kidnapped by the petitioner on 02.04.2022. The complaint was initially registered under Section 363 IPC on 27.04.2022, and later other sections were added. The petitioner's counsel argued that the victim voluntarily accompanied the petitioner and married him, as per her statement under Section 164 CrPC. The victim's age was disputed, and the petitioner claimed she was above 16 years. The State opposed bail, citing the seriousness of the offences. The court noted that the victim's statement indicated a consensual relationship and marriage, and that the petitioner had no criminal antecedents. The court held that custodial interrogation was not required and the trial would take time. Accordingly, the court allowed the bail petition, directing the petitioner to be released on bail upon executing a bond of Rs.1,00,000 with two sureties, and imposed conditions including not tampering with evidence, appearing before the court regularly, and not committing similar offences.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Prima Facie Case - The court considered the bail application of an accused charged with kidnapping, rape, and offences under POCSO Act and Prohibition of Child Marriage Act. The victim girl, aged 16 years as per complaint, had eloped with the petitioner and married him. The court noted that the victim's statement under Section 164 CrPC indicated she went voluntarily and married the petitioner. The age dispute and consensual nature of the relationship weighed in favor of bail. Held that the petitioner is entitled to bail as custodial interrogation is not required and the trial may take time. (Paras 1-8) B) Criminal Law - POCSO Act - Age of Victim - Sections 4 and 6 - The victim's age was claimed to be 16 years in the complaint, but the court noted that the victim's statement suggested a consensual relationship. The court did not conclusively determine age but considered the possibility of the victim being close to majority. Held that the age dispute and consensual nature are relevant factors for bail. (Paras 3-6) C) Criminal Law - Prohibition of Child Marriage Act - Sections 9 and 10 - The petitioner married the victim girl, which is an offence under the Act if she is a child. However, the court considered the consensual nature and the victim's statement that she married voluntarily. Held that the bail application is allowed subject to conditions. (Paras 3-8)
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 CrPC for offences under IPC, POCSO Act, and Prohibition of Child Marriage Act, considering the alleged consensual relationship and dispute regarding the victim's age.
Final Decision
The petition is allowed. The petitioner shall be released on bail in Crime No.179/2022 pending on the file of the Additional and Sessions Judge, FTSC-1 (POCSO), Chikkaballapura, subject to executing a personal bond of Rs.1,00,000 with two sureties for the likesum. Conditions include: (i) not tampering with prosecution witnesses; (ii) appearing before the court regularly; (iii) not committing similar offences; (iv) marking attendance once a month before the Investigating Officer until trial; (v) not leaving the jurisdiction without court permission.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Age determination in POCSO cases
- Consensual relationship with minor
- Custodial interrogation not required
