Case Note & Summary
The petitioner, Arvind Kumar K.S., accused No.1, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in Crime No.12/2018 registered by Rajajinagar Police Station, Bengaluru, for offences punishable under Sections 363, 366, 366A, 344, and 376 of the Indian Penal Code, 1860 (IPC) and Sections 4, 6, and 16 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The case arose from a missing complaint lodged by the victim's mother on 14.01.2018, alleging that her 3rd daughter was missing. The victim was later recovered, and during investigation, it was revealed that she had been in a relationship with the accused and had voluntarily accompanied him. The victim's age was disputed: school records showed she was 17 years old, while medical opinion suggested she was 18 years. The victim, in her statement under Section 164 CrPC, supported the accused and stated that she had gone with him voluntarily. The learned counsel for the petitioner argued that the victim was a major and the relationship was consensual, and that the accused had been in custody since 18.01.2018. The State opposed bail, citing the seriousness of the offences. The court, after hearing both sides, noted that the victim's age was not conclusively established and that she had supported the accused. The court held that at the bail stage, a prima facie case is to be considered, and since the victim was allegedly a consenting party, the accused was entitled to bail. The court allowed the petition and granted bail to the accused on certain conditions.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - POCSO Act, 2012 - Age of Victim - The court considered the discrepancy in the victim's age as per school records (17 years) and medical opinion (18 years) and the fact that the victim and accused were in a consensual relationship, leading to grant of bail. (Paras 3-6) B) Criminal Law - Bail - Section 439 CrPC - Prima Facie Case - The court held that at the stage of bail, a prima facie case is to be seen, and since the victim supported the accused and there was no evidence of force, bail was granted. (Paras 5-6)
Issue of Consideration
Whether the accused is entitled to bail under Section 439 CrPC in a case involving offences under IPC and POCSO Act, considering the victim's age and alleged consensual relationship.
Final Decision
Petition allowed. Accused No.1 shall be released on bail on executing a personal bond of Rs.1,00,000/- with two sureties, subject to conditions including not tampering with evidence and appearing before court.
Law Points
- Bail under Section 439 CrPC
- POCSO Act
- Age of victim
- Consensual relationship
- Prima facie case
