Case Note & Summary
The petitioner, Praveen Kumar B.C., filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in Crime No. 82/2019 of Alanahalli Police Station, Mysuru District, for offences punishable under Sections 312, 376(2)(n), 420, 506, 34 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012. The allegations in the FIR stated that the petitioner had been in a sexual relationship with the complainant since 2016 on the promise of marriage, resulting in four pregnancies which were aborted, and a fifth abortion forced against her wish on 24.06.2019. The petitioner contended that the FIR was lodged after an inordinate delay of more than three years, and the averments in the complaint indicated a consensual relationship, thus no offence was made out. The High Court, after hearing both sides, observed that the allegations prima facie showed a consensual relationship and that the delay in lodging the FIR was unexplained. The court held that the petitioner had made out a case for anticipatory bail and granted bail subject to conditions. The court directed that in the event of arrest, the petitioner shall be released on bail upon executing a personal bond of Rs. 1,00,000 with two sureties, and imposed conditions including cooperation with investigation, not tampering with evidence, and appearing before the court as required.
Headnote
A) Criminal Procedure - Anticipatory Bail - Section 438 CrPC - Delay in FIR - Where the FIR was lodged after an inordinate delay of more than three years from the alleged incident, and the allegations prima facie indicate a consensual relationship, the accused is entitled to anticipatory bail. (Paras 3-5) B) Indian Penal Code - Rape - Promise to Marry - Sections 376(2)(n), 420, 506, 34 IPC - Consensual Relationship - If the complainant and accused were in a consensual relationship and the allegations do not make out ingredients of the offences, no prima facie case is made out. (Paras 3-5) C) Protection of Children from Sexual Offences Act - POCSO - Sections 3 and 4 - Applicability - Where the victim is not a child, POCSO Act may not apply. (Para 2)
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case involving allegations of rape, abortion, and POCSO offences, given the delay in lodging FIR and the consensual nature of the relationship.
Final Decision
Petition allowed. Petitioner shall be released on bail in the event of arrest in Crime No. 82/2019 on executing a personal bond of Rs. 1,00,000 with two sureties. Conditions include cooperation with investigation, not tampering with evidence, and appearing before court as required.
Law Points
- Anticipatory bail
- Consensual relationship
- Delay in FIR
- Ingredients of offence
- Prima facie case
