Case Note & Summary
The petitioner, M. Subramanya Chari, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail in Crime No.122/2019 registered at Abbinahole Police Station, Chitradurga, for offences punishable under Sections 363, 354-D, 354-A of the Indian Penal Code, 1860 (IPC) and Sections 12 and 18 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The case arose from a complaint filed by one Yogananda on 07.11.2019, stating that his minor daughter Rakshita, aged about 16 years and studying in IX standard, had left home on 05.11.2019 at 9.00 a.m. and did not return. The complainant alleged that the accused had kidnapped and sexually assaulted the victim. The accused was arrested and remanded to judicial custody. The petitioner's counsel argued that the victim was aged about 16 years and had voluntarily accompanied the accused, and that the relationship was consensual. The State opposed the bail application, citing the seriousness of the offences. The court, after hearing both sides, noted that the victim's age was around 16 years and that the allegations did not prima facie establish kidnapping or sexual assault. The court observed that the victim had willingly gone with the accused and that there was no evidence of force or coercion. Accordingly, the court allowed the bail petition and directed the accused to be released on bail subject to conditions, including furnishing a bond of Rs.1,00,000 with two sureties, and not tampering with evidence or intimidating witnesses.
Headnote
A) Criminal Procedure Code - Bail - Section 439 Cr.P.C. - Grant of Bail - Accused sought bail for offences under Sections 363, 354-D, 354-A IPC and Sections 12, 18 POCSO Act - Court considered that the victim was aged about 16 years and the relationship appeared consensual - Held that the accused is entitled to bail as no prima facie case of kidnapping or sexual assault was made out (Paras 1-6).
Issue of Consideration
Whether the accused is entitled to bail under Section 439 Cr.P.C. in a case involving offences under IPC and POCSO Act, considering the victim's age and consensual nature of the relationship.
Final Decision
The court allowed the bail petition and directed the accused to be released on bail subject to conditions: furnishing a bond of Rs.1,00,000 with two sureties, and not tampering with evidence or intimidating witnesses.
Law Points
- Bail under Section 439 Cr.P.C.
- Age determination in POCSO cases
- Consensual relationship with minor above 16 years
- Prima facie case assessment
