Case Note & Summary
The petitioner, Parashurama Kondannanavar, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.12/2020 registered by Kavoor Police Station, Mangaluru, for offences punishable under Sections 363 and 376 of the Indian Penal Code, 1860, and Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012. The petitioner was arrested on 22.02.2020 and was in judicial custody. The complaint was lodged on 16.02.2020. The petitioner had previously filed a bail application before the Additional District and Sessions Judge, FTSC-1 (POCSO), D.K., Mangaluru, in Crl.Misc.Case No.371/2020, which was dismissed. The prosecution alleged that the petitioner kidnapped and sexually assaulted a minor girl aged 16 years. However, the court noted that the victim was aware of the consequences of her actions and the relationship was consensual. The court also considered the age discrepancy between the petitioner (25 years) and the victim (16 years). The court held that the petitioner is entitled to bail, subject to conditions. The court directed the petitioner to be released on bail upon executing a bond of Rs.1,00,000 with two sureties, and imposed conditions including not tampering with evidence, not threatening witnesses, and appearing before the court as required.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Prima Facie Case - The court considered the age of the victim as 16 years and the petitioner as 25 years, and the alleged consensual relationship - Held that the petitioner is entitled to bail as the victim was aware of the consequences and the relationship was consensual (Paras 7-8).
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 of CrPC for offences under Sections 363 and 376 of IPC and Sections 5 and 6 of POCSO Act, considering the alleged consensual relationship and age discrepancy.
Final Decision
Petition allowed. Petitioner to be released on bail on executing a bond of Rs.1,00,000 with two sureties. Conditions: not to tamper with evidence, not to threaten witnesses, and to appear before the court as required.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Age of victim
- Consensual relationship
- POCSO Act Sections 5 and 6
- IPC Sections 363 and 376
