Case Note & Summary
The petitioner, Sri Rehabare Islam Parvez, accused No.1, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 seeking bail in Crime No.395/2019 registered by Koramangala Police Station, Bengaluru. The case was charge-sheeted for offences punishable under Sections 344, 307, 376, 506 read with Section 34 of the Indian Penal Code, 1860, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The allegations were based on the complaint of CW.1. The court, after hearing the petitioner's counsel and the High Court Government Pleader, observed that the allegations against the petitioner did not make out a prima facie case for the offences charged. Consequently, the court allowed the petition and granted bail to the petitioner subject to conditions.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Prima Facie Case - Petitioner/accused No.1 sought bail in Crime No.395/2019 for offences under Sections 344, 307, 376, 506 r/w 34 IPC, Sections 4 and 6 of POCSO Act, 2012 and Section 75 of Juvenile Justice Act, 2015 - Court held that allegations against accused No.1 did not make out a prima facie case for the offences charged, and he was entitled to bail - Held that bail granted subject to conditions (Paras 1-3).
Issue of Consideration
Whether the petitioner/accused No.1 is entitled to bail under Section 439 CrPC for offences under IPC, POCSO Act, and Juvenile Justice Act.
Final Decision
Petition allowed. Petitioner/accused No.1 is granted bail subject to conditions.
Law Points
- Bail
- Prima Facie Case
- Section 439 CrPC
- POCSO Act
- Juvenile Justice Act
- IPC
