Case Note & Summary
The petitioner, Sri Krishna R., filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking regular bail in Crime No.193/2019 registered by Girinagar Police Station, Bengaluru, for offences punishable under Sections 363, 366, and 376 of the Indian Penal Code, 1860 (IPC) and Sections 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The case arose from a complaint lodged by the father of the victim girl, Monisha, aged about 16 years, who was a student of 1st PUC at Bharath Matha Women's College. The complainant alleged that on 28.11.2019, his daughter went to college at about 8.00 a.m. and did not return. After inquiries, he learned that she had not attended college and was missing, leading to the registration of a missing complaint. Subsequently, the victim was traced and her statement was recorded under Section 164 Cr.P.C., wherein she stated that she had voluntarily accompanied the petitioner and had a love affair with him. The victim's age was disputed; the school records showed her date of birth as 08.06.2003, making her 16 years and 5 months old at the time of the incident, while the medical report indicated her age as 17 to 18 years. The petitioner's counsel argued that the victim was above 16 years, the relationship was consensual, and the victim did not support the prosecution case. The State opposed bail, citing the seriousness of the offences. The court, after hearing both sides, noted that the victim was above 16 years, the relationship was consensual, and the victim's statement did not support the prosecution. The court held that there was no prima facie case of force and that custodial interrogation was not required. Accordingly, the court allowed the petition and granted bail to the petitioner on certain conditions.
Headnote
A) Criminal Law - Bail - Section 439 Cr.P.C. - Regular Bail - Offences under Sections 363, 366, 376 IPC and Sections 5(l) and 6 of POCSO Act - Petitioner sought bail for alleged kidnapping and rape of a 16-year-old girl - Court granted bail noting that the victim was above 16 years, the relationship was consensual, and the victim did not support the prosecution case - Held that the petitioner is entitled to bail as there is no prima facie case of force and custodial interrogation is not required (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to regular bail under Section 439 Cr.P.C. in a case involving offences under Sections 363, 366, 376 IPC and Sections 5(l) and 6 of POCSO Act, considering the victim's age and the nature of the relationship.
Final Decision
The court allowed the petition and granted bail to the petitioner on conditions including furnishing a personal bond of Rs.1,00,000 with two sureties, not tampering with evidence, and appearing before the court as required.
Law Points
- Bail under Section 439 Cr.P.C.
- Age determination in POCSO cases
- Consensual relationship with minor above 16 years
- Prima facie case for bail
- Custodial interrogation not required
