Case Note & Summary
The petitioner, Sri Prasanna Kumar, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.83/2020 registered by Vemgal Police Station, Kolar District, for offences punishable under Sections 420, 114, 34, and 376 of the Indian Penal Code, 1860, and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. The complaint was lodged on 26-04-2020, and the petitioner was arrested and remanded to judicial custody on 05-05-2020. Previously, his bail application before the II Additional District and Sessions Judge, Kolar, in C.Crl.Misc.38/2020 was dismissed on 02-06-2020. The petitioner argued that the victim was a consenting party and that her age was disputed: the complaint stated she was 16 years, but the medical report suggested she was 18 years. The victim had eloped with the petitioner and married him. The State opposed bail, citing the seriousness of the offences. The court observed that the age discrepancy created doubt about the applicability of the POCSO Act, and the victim appeared to be a consenting party. Considering the petitioner's incarceration since 05-05-2020 and the lack of prima facie evidence of force, the court granted bail with conditions. The court directed the petitioner to be released on bail upon executing a personal bond of Rs.1,00,000 with two sureties, and imposed conditions including not tampering with evidence, not leaving the jurisdiction without permission, and appearing before the court as required.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Prima Facie Case - The court considered the age of the victim as 16 years as per the complaint, but the medical report suggested she was 18 years, creating doubt about the applicability of POCSO Act. Held that the petitioner is entitled to bail as the victim was a consenting party and the age discrepancy weakens the prosecution case (Paras 5-7). B) POCSO Act - Sections 4 and 6 - Age of Victim - The victim's age was stated as 16 in the complaint but medical opinion indicated she was 18 years. The court noted that the victim eloped with the petitioner and married him, indicating consent. Held that the presumption under POCSO Act is rebuttable and bail can be granted (Paras 5-7).
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 CrPC for offences under POCSO Act and IPC, considering the age of the victim and the nature of allegations.
Final Decision
Petition allowed. Petitioner to be released on bail on executing a personal bond of Rs.1,00,000 with two sureties. Conditions: not to tamper with evidence, not to leave jurisdiction without permission, appear before court as required.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Age of victim
- Consent
- POCSO Act Sections 4 and 6
- IPC Sections 376
- 420
- 114
- 34
