Case Note & Summary
The matter arose from a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, filed by the petitioner Byresh seeking bail in connection with Crime No. 625/2018 registered by Peenya Police Station, Bengaluru, for offences under Sections 366 and 376 of the Indian Penal Code, 1860, and Sections 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012. The petitioner was an accused facing trial for these serious offences. An earlier bail petition, Criminal Petition No. 6836/2019, had been dismissed as withdrawn on 3 January 2020. At the time of the present petition, the trial had already commenced; the victim had been examined in part as PW.1, and two other witnesses (PW.2 and PW.3) had been examined, but their cross-examination was deferred at the instance of the counsel for the accused. The petitioner contended, through his counsel, that the examination-in-chief of the victim had been deferred because the Public Prosecutor was unable to elicit answers from her, and on this ground sought enlargement on bail. The prosecution opposed the bail application, emphasizing the gravity of the charges and the fact that the victim was a minor. The court observed that the petitioner faced serious accusations constituting offences under Section 376 of the IPC and Sections 5(L) and 6 of the POCSO Act, and the victim was a minor. It noted that the examination-in-chief of the victim was not yet complete. The court held that releasing the petitioner until the completion of the victim's examination would be prejudicial to the case of the prosecution. Consequently, the petitioner was not entitled to bail at that stage. However, the court directed the trial court to take up the matter for examination of the victim as expeditiously as possible. It further directed that, upon completion of the victim's examination, any bail application moved by the petitioner should be considered in accordance with law, without being influenced by the observations made in the present order. The petition was thus disposed of with these directions.
Headnote
A) Criminal Procedure - Bail - Section 439 CrPC - Serious Sexual Offences Against Minor - Release Until Victim's Examination Incomplete - Indian Penal Code, 1860 (Sections 366, 376); Protection of Children from Sexual Offences Act, 2012 (Sections 5(L), 6) - The petitioner faced trial for offences under IPC and POCSO Act; the victim, a minor, had been examined in part, and the prosecution deferred further examination. The court held that releasing the petitioner until completion of the victim's examination would be prejudicial to the prosecution; hence, bail was denied at this stage. The trial court was directed to expedite the victim's examination and, upon completion, to consider any bail application on merits without being influenced by this order. (Paras 2-3)
Issue of Consideration
Entitlement to bail under Section 439 of CrPC pending trial for offences under Sections 366, 376 IPC and Sections 5(L) and 6 of POCSO Act, given that trial had commenced and victim was a minor with incomplete examination.
Final Decision
Petition disposed of. The court held that petitioner was not entitled to bail at this stage as his release until completion of victim's examination would prejudice the prosecution. Trial court directed to expedite victim's examination and consider any subsequent bail application on merits without being influenced by this order.
Law Points
- Bail under Section 439 CrPC not granted when trial is underway and victim is yet to be fully examined
- especially in serious offences under POCSO Act involving a minor
- release would prejudice prosecution
- trial court to expedite examination
- subsequent bail to be considered on merits.
