Case Note & Summary
The petitioner, Hanumantharaju, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.314/2019 registered at Sira Town Police Station, Tumakuru District. The offences alleged included Sections 366A, 376(1), 343, 309, 114 read with 34 of the Indian Penal Code, 1860; Sections 4, 6, and 17 of the Protection of Children from Sexual Offences Act, 2012; and Sections 10 and 11 of the Prohibition of Child Marriage Act, 2006. The complaint was lodged on 27.09.2019, and the petitioner was arrested and remanded to judicial custody on 06.10.2019. He had previously applied for bail before the III Additional District and Sessions Judge, Tumakuru, in Crl.Misc.No.1240/2019, which was dismissed. The High Court noted that the investigation was complete and a charge sheet had been filed. The court observed that the petitioner had been in custody for about nine months and that custodial interrogation was no longer required. Considering the nature of the allegations and the stage of investigation, the court found that no prima facie case was made out for the offences under Sections 366A, 376(1), 343, 309, 114 r/w 34 IPC and the POCSO Act. The court held that continued detention was not necessary and granted bail subject to conditions, including executing a personal bond of Rs.1,00,000 with two sureties, appearing before the court as required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Grant of Bail - Petitioner in judicial custody since 06.10.2019, investigation completed, charge sheet filed - No prima facie case for offences under Sections 366A, 376(1), 343, 309, 114 r/w 34 IPC and Sections 4, 6, 17 POCSO Act and Sections 10, 11 Prohibition of Child Marriage Act - Held that continued detention not necessary, bail granted with conditions (Paras 1-8).
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 of Cr.P.C. for offences under IPC, POCSO Act, and Prohibition of Child Marriage Act.
Final Decision
Petition allowed. Petitioner granted bail subject to conditions: executing personal bond of Rs.1,00,000 with two sureties, appearing before court as required, not tampering with evidence, and not leaving jurisdiction without prior permission.
Law Points
- Bail
- Section 439 CrPC
- Prima facie case
- Custodial interrogation not required
- Completion of investigation
