Case Note & Summary
The petitioner, Sri Manjunath, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking regular bail in Crime No.199/2019 registered at Vemgal Police Station, Kolar, for offences punishable under Sections 363, 307, 376, and 506 of the Indian Penal Code, 1860 (IPC) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The case arose from a complaint by a 19-year-old prosecutrix alleging that on 25.11.2019, while returning from college, the accused offered to drop her home on his motorcycle but instead took her to a forest area near Shettimadamangala village and committed sexual intercourse against her will under threat. The complaint was filed two days later on 27.11.2019. The petitioner argued that the delay in filing the FIR and the victim's age (19 years) indicated consent, and that he was in judicial custody since 27.11.2019. The State opposed bail citing the gravity of offences. The court, after hearing both sides, noted that the victim was 19 years old and capable of consent, and the delay in filing the complaint raised doubts. It held that a prima facie case for custodial interrogation was not made out and granted bail subject to conditions including executing a bond, not tampering with evidence, and appearing before the court regularly.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Regular Bail - Petitioner sought bail for offences under Sections 363, 307, 376, 506 IPC and Sections 4, 6 POCSO Act - Court considered delay in FIR (complaint filed two days after incident) and that victim was 19 years old, capable of consent - Held that prima facie case not made out for custodial interrogation; bail granted with conditions (Paras 1-6).
Issue of Consideration
Whether the petitioner/accused is entitled to regular bail under Section 439 CrPC for offences under IPC and POCSO Act, considering the delay in filing the complaint and the nature of allegations.
Final Decision
The court allowed the petition and granted regular bail to the petitioner/accused subject to conditions: executing a personal bond of Rs.1,00,000 with one surety, not tampering with evidence, not threatening witnesses, appearing before the court regularly, and not leaving the jurisdiction without permission.
Law Points
- Bail under Section 439 CrPC
- Delay in FIR
- Consent in sexual offences
- Prima facie case
- POCSO Act Sections 4 and 6
Case Details
2020 LawText (KAR) (08) 64
Criminal Petition No. 2933 of 2020
Sri. Nanjunda Gowda .M.R. (for petitioner), Sri. K Nageshwarappa (HCGP for respondent)
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Nature of Litigation
Criminal bail petition under Section 439 CrPC
Remedy Sought
Regular bail for the petitioner/accused in Crime No.199/2019
Filing Reason
Allegations of kidnapping, attempt to murder, rape, and criminal intimidation under IPC and POCSO Act
Issues
Whether the petitioner is entitled to regular bail under Section 439 CrPC?
Whether the delay in filing the FIR and the victim's age affect the prima facie case?
Submissions/Arguments
Petitioner's counsel argued that the victim was 19 years old and capable of consent, and the complaint was filed after a delay of two days, indicating consent.
State opposed bail citing the gravity of offences under IPC and POCSO Act.
Ratio Decidendi
The court held that the victim being 19 years old and the delay in filing the FIR (two days after the incident) raised doubts about the prosecution's case, and a prima facie case for custodial interrogation was not made out. Therefore, the petitioner was entitled to bail under Section 439 CrPC.
Judgment Excerpts
This is a petition filed by the petitioner / accused under Section 439 of Cr.P.C. seeking regular bail in S.C.No.25/2020 arising out of Crime No.199/2019 of Vemagal Police Station for the offences punishable under Sections 307, 363, 376 and 506 of IPC and so also the offences under Sections 4 and 6 of the POCSO Act, 2012.
It is stated in the theory of the prosecution referring to the FIR said to be recorded by the police for the alleged offences, that the prosecutrix who is the victim aged about 19 years had given a complaint on 25.11.2019 alleging that while she was returning from her College at around 5.00 p.m. in the evening, near Chitanahalli Gate, the accused who had come in his motor bile had requested her to come along with him under the pretext of dropping the said victim girl to her village.
Therefore, she filed a complaint two days later, i.e., only on 27.11.2019.
Procedural History
The petitioner was arrested in Crime No.199/2019 and was in judicial custody. He filed a bail petition under Section 439 CrPC before the High Court of Karnataka. The petition was heard and disposed of on 06.08.2020.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 439
- Indian Penal Code, 1860 (IPC): 363, 307, 376, 506
- Protection of Children from Sexual Offences Act, 2012 (POCSO Act): 4, 6
