A bail petition was filed under section 439 of CrPC by Mr Santosh who was accused under section 363(Kidnapping), 375(Rape) of IPC and various sections of Prevention Of Children From Sexual Offences Act. in the present petition he filed a grant of bail in spl.S.C (POSCO).
The facts of the case-
On 3rd May 2019, a minor girl committed suicide.And on 14.04.19 the brother of the deceased girl filed a case against Santosh in Koppal Rural Police Station. Santosh was arrested on 10th may 2019 and was in the judicial custody since then. Santosh filed for a bail petition which was rejected by the session court. The Counsel of Santosh, Mr.Anand stated that the girl was more than 17 years old and had mental ability to understand the consequences.He also showed that in the statement recorded under section 164 of CrPC the girl had not disclosed about the kidnapping or sexual harassment or rape committed by the accused, Santosh and hence Santosh cannot be allowed to incarcerate in jail for indefinite period.
The learned Government Pleader submitted that Santosh does not deserve a bail since he kidnapped the girl promising to marry her and she has been subjected to sexual intercourse under undue influence of the innocence of the victim girl and hence due to such subsequent events the minor girl was compelled to commit suicide and is this is the prima facie evidence to prove the complexity and involvement of Santosh to not be entitled for bail.
Judgement of High Court of Karnataka-
The Court stated that the deceased minor had gone with Santosh at her on wish and according to the recording under section 164 CRPC she states that she had stayed with Santosh for 18 days and the police have brought her before the court. Apart from this, there are no specific allegations of kidnapping or sexual assault or rape committed by Santosh. And even in the initial complaint filed by the brother of the victim girl, it was stated that she was sexually exploited. The court observed that it suggests that the victim girl was capable of understanding on answering the questions put to her by the court rather the narration of fact given by the clearly suggest that she was capable of understanding the question clearly. Ultimately, all these aspects are to be considered and decided by the court on the basis of evidence collected by the prosecution.
The court also added that the gravity alone cannot be a ground to deny bail and there must be other factors too. The court needs to keep in mind the nature of accusations, nature of evidence in support their of, severity of punishment with a particular to the accused involved in that crime.
Hence the court granted Santosh bail on certain conditions which if violated the bail order would cancel.
The conditions were-
(i) Petitioner-accused shall be enlarged on bail in Spl. S.C. (POCSO) 28/2019 [FIR POCSO No. 266/2019] Crime No. 81/2019 of Koppal Rural Police Station on his executing a personal bond in a sum of Rs. 1 lakh with two sureties for the likesum to the satisfaction of the trial Court;
(ii) Petitioner-accused shall not tamper the prosecution witnesses;
(iii) Petitioner-accused shall not indulge in any criminal activities henceforth;
(iv) Petitioner-accused shall appear before the Court on all the dates of hearing unless exempted by the Court.