Case Note & Summary
The petitioner, Somashekar, was the accused in Spl.C.No.279/2023 pending before the Additional District and Sessions Judge, FTSC-I, Hassan, for offences punishable under Sections 448, 504, 305 of IPC, Section 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Atrocities Act), arising out of Crime No.67/2023 registered by Sakaleshpura Rural Police Station, Hassan District. The petitioner filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail. The court heard the learned counsel for the petitioner and the learned High Court Government Pleader (HCGP) for respondent no.1 (State). Respondent no.2/defacto complainant was served but remained unrepresented. The court, after considering the submissions and the material on record, found that the petitioner was entitled to be enlarged on bail. The court ordered the petitioner to be released on bail upon executing a personal bond for Rs.1,00,000 with two sureties, subject to conditions including not tampering with prosecution witnesses, not inducing any witness, appearing before the court regularly, and not committing similar offences. The petition was accordingly allowed.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Entitlement to Bail - Petitioner/accused sought bail in a case involving offences under IPC, POCSO Act, and SC/ST Act - Court considered the nature of allegations, prima facie case, and custody period - Held that the petitioner is entitled to bail subject to conditions (Paras 1-3).
Issue of Consideration
Whether the petitioner/accused is entitled to be enlarged on bail in connection with Crime No.67/2023 for offences under Sections 448, 504, 305 IPC, Section 12 of POCSO Act, and Section 3(2)(va) of SC/ST (POA) Amendment Act, 2015.
Final Decision
The petition is allowed. The petitioner/accused shall be enlarged on bail in Spl.C.No.279/2023 pending before the Addl. District & Sessions Judge, FTSC-I, Hassan, for offences punishable under Sections 448, 504, 305 of IPC, Section 12 of POCSO Act, and Section 3(2)(va) of SC/ST (POA) Amendment Act, 2015, arising out of Crime No.67/2023 registered by Sakaleshpura Rural Police Station, Hassan District, subject to executing a personal bond for Rs.1,00,000 with two sureties for the likesum to the satisfaction of the trial court, and subject to conditions: (i) petitioner shall not tamper with prosecution witnesses; (ii) petitioner shall not induce or threaten any witness; (iii) petitioner shall appear before the trial court regularly; (iv) petitioner shall not involve in similar offences.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- POCSO Act Section 12
- SC/ST Act Section 3(2)(va)
- IPC Sections 448
- 504
- 305
