Case Note & Summary
The petitioner, Thippeswamy @ Thipeshi, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking regular bail in Crime No.103/2021 registered by Jagalur Police Station, Davanagere, for offences punishable under Sections 363 and 376(2)(n) of the Indian Penal Code, 1860 (IPC), Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and Sections 9 and 11 of the Prohibition of Child Marriage Act, 2006. The case arose from a complaint by the father of the victim girl, Padmavathi, aged about 16 years, who went missing from her home on 14.06.2021. The complainant suspected the petitioner's involvement. The police initially registered a case under Section 363 IPC, and later added other sections after the victim was recovered. The petitioner was arrested and remanded to judicial custody. The petitioner's counsel argued that the victim and petitioner were in love and had a consensual relationship, and that the victim had voluntarily accompanied the petitioner. It was also submitted that the victim had attained majority and had married the petitioner, and that the marriage was registered. The State opposed bail, citing the seriousness of the offences. The court, after hearing both sides, noted that the victim was aged 16 years at the time of the incident, but the relationship appeared consensual. The court also considered that the victim had since become major and had married the petitioner, and that the marriage was registered. The court held that no useful purpose would be served by keeping the petitioner in custody, and granted bail subject to conditions including executing a personal bond, furnishing sureties, appearing before the court as required, not tampering with evidence, and not leaving the jurisdiction without permission. The petition was allowed.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Consensual Relationship - Petitioner sought bail for offences under Sections 363, 376(2)(n) IPC, Section 6 POCSO Act, Sections 9 and 11 Prohibition of Child Marriage Act - Victim aged 16 years at time of incident, but relationship was consensual and she later married petitioner - Court granted bail considering that victim is now major, married to petitioner, and no purpose served by further incarceration - Held that bail can be granted on stringent conditions (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to regular bail under Section 439 CrPC for offences under IPC, POCSO Act, and Prohibition of Child Marriage Act, considering the consensual nature of the relationship and the fact that the victim is now major and married to the petitioner.
Final Decision
The petition is allowed. The petitioner shall be released on bail in Crime No.103/2021 (S.C.No.149/2021) pending before the II Additional District and Sessions Judge and Special Judge, Davanagere, subject to executing a personal bond for Rs.1,00,000/- with two sureties, and conditions including appearing before the court as required, not tampering with evidence, and not leaving the jurisdiction without permission.
Law Points
- Bail under Section 439 CrPC
- Consensual relationship with minor
- POCSO Act Section 6
- Prohibition of Child Marriage Act Sections 9 and 11
- IPC Sections 363 and 376(2)(n)
