Case Note & Summary
The petitioner, Sri Krishna V, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.33/2019 registered at Kolar Women Police Station for offences punishable under Sections 363 and 376 of the Indian Penal Code, 1860, Section 6 of the Protection of Children from Sexual Offences Act, 2012, and Section 9 of the Prohibition of Child Marriage Act, 2006. The petitioner had previously filed Criminal Petition No.884/2020, which was disposed of on 14.02.2020 with liberty to renew the bail prayer after the examination of the victim before the Trial Court. The present petition was filed after the victim had not been examined. The court heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. The court observed that under Section 35 of the POCSO Act, the Trial Court is required to examine the victim within 30 days from the date of taking cognizance of the offence. It was stated that the victim had not been examined as yet. In view of the earlier order and the statutory mandate, the court directed the Trial Court to examine the victim, preferably through video conference, within thirty days from the date of communication of the order. The court allowed the bail petition and ordered the release of the petitioner on bail subject to conditions, including executing a personal bond of Rs.1,00,000 with two sureties, appearing before the court as directed, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Mandatory Examination of Victim - Section 35 POCSO Act - The petitioner sought bail under Section 439 CrPC for offences under Sections 363, 376 IPC, Section 6 POCSO Act, and Section 9 Prohibition of Child Marriage Act. The court noted that the victim had not been examined within 30 days as mandated by Section 35 POCSO Act. Held that non-compliance with the statutory mandate entitles the petitioner to bail, subject to conditions. (Paras 2-4)
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 CrPC when the victim has not been examined within the mandatory 30-day period under Section 35 of the POCSO Act.
Final Decision
The petition is allowed. The petitioner shall be released on bail in Crime No.33/2019 of Kolar Women Police Station, subject to executing a personal bond of Rs.1,00,000 with two sureties, appearing as directed, not tampering with evidence, and not leaving the jurisdiction without prior permission. The Trial Court is directed to examine the victim within 30 days from communication of this order.
Law Points
- Bail under Section 439 CrPC
- Mandatory examination of victim within 30 days under Section 35 POCSO Act
- Non-compliance as ground for bail
