Case Note & Summary
The petitioner, Mr. Rahul @ Nayaz Pasha, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in Crime No.126/2020 registered by Tiptur Town Police for offences punishable under Sections 363, 342, 114, 506, 376 read with Section 34 of the Indian Penal Code, 1860, Sections 4, 6, 17, 18 of the Protection of Children from Sexual Offences Act, 2012, and Sections 9 and 10 of the Child Marriage Restraint Act, 1929. The case arose from a complaint filed by the victim's mother, Shahinabanu, on 05.10.2020, alleging that her daughter, aged about 17 years, was kidnapped and subjected to sexual assault by the petitioner and others. The court heard arguments from the petitioner's counsel, Sri M.S. Venugopal, and the High Court Government Pleader for respondent No.1, Sri K. Nageshwarappa. The court observed that the victim, in her statement under Section 164 CrPC, stated that she voluntarily went with the petitioner and married him, and that the relationship was consensual. The court noted that the victim was aged about 17 years, above the age of 16 years, and that the medical report did not indicate any injuries. The court held that there was no prima facie case of forceful kidnapping or rape, and that the petitioner was entitled to bail. The court allowed the petition and granted bail to the petitioner on certain conditions.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Regular Bail - Petitioner-accused sought bail for offences under Sections 363, 342, 114, 506, 376 read with 34 IPC, Sections 4, 6, 17, 18 of POCSO Act, and Sections 9, 10 of Child Marriage Restraint Act - Court granted bail noting that the victim was aged about 17 years, above 16 years, and the relationship appeared consensual - Held that the accused is entitled to bail as there was no prima facie case of forceful kidnapping or rape (Paras 1-5).
Issue of Consideration
Whether the petitioner-accused is entitled to regular bail under Section 439 CrPC for offences under IPC, POCSO Act, and Child Marriage Act, considering the victim's age and consensual nature of the relationship.
Final Decision
The petition is allowed. The petitioner-accused No.1 is ordered to be released on bail in Crime No.126/2020 of Tiptur Town Police Station, subject to executing a personal bond for Rs.1,00,000/- with one surety for the likesum, and on conditions including appearing before the court regularly and not tampering with evidence.
Law Points
- Bail under Section 439 CrPC
- Age determination in POCSO cases
- Consensual relationship with minor above 16 years
- Prima facie case for bail
