Case Note & Summary
The petitioners, three individuals, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in connection with Crime No.36/2020 registered at Andersonpet Police Station, K.G.F., for offences punishable under Sections 366A, 363, 342, 324 of the Indian Penal Code (IPC), Section 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and Section 9 of the Prohibition of Child Marriage Act, 2006. The case arose from a complaint by the victim's mother alleging that accused No.1, a distant relative, enticed the victim and took her to a different place promising to marry her, with the assistance of the other accused. The petitioners argued that the victim was a major and had voluntarily accompanied accused No.1, and that no prima facie case was made out. The State opposed the bail application. The court examined the victim's statement under Section 164 Cr.P.C., where she stated she was 19 years old and went with accused No.1 willingly. The court also noted that the victim's age was supported by documents. The court held that since the victim was a major and had consented, no prima facie case for kidnapping or other offences was made out. The court granted anticipatory bail to the petitioners subject to conditions, including executing a personal bond and not tampering with evidence.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 Cr.P.C. - Prima Facie Case - The court considered whether a prima facie case was made out against the petitioners for offences under IPC, POCSO Act, and Prohibition of Child Marriage Act. The victim was a major and had voluntarily accompanied the accused. The court held that no prima facie case was made out and granted anticipatory bail. (Paras 4-6) B) Protection of Children from Sexual Offences Act, 2012 - Applicability - Section 12 POCSO Act - Age of Victim - The victim was found to be a major based on her statement and documents. The court held that the provisions of POCSO Act are not attracted as the victim is not a child. (Para 5) C) Indian Penal Code - Kidnapping - Sections 363, 366A IPC - Consent - The victim stated that she went with the accused willingly. The court held that no offence of kidnapping is made out as the victim was a major and consented. (Para 5)
Issue of Consideration
Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. in a case involving allegations of kidnapping, wrongful confinement, assault, and offences under POCSO Act and Prohibition of Child Marriage Act.
Final Decision
The court allowed the criminal petition and granted anticipatory bail to the petitioners. They were directed to execute a personal bond of Rs.1,00,000 each with one surety, and to appear before the investigating officer as required. They were also prohibited from tampering with evidence or threatening witnesses.
Law Points
- Anticipatory bail
- Prima facie case
- Age of victim
- Consent
- Section 438 Cr.P.C.
- Section 366A IPC
- Section 363 IPC
- Section 342 IPC
- Section 324 IPC
- Section 12 POCSO Act
- Section 9 Prohibition of Child Marriage Act
