Bail in POCSO Case – Section 6 of the POCSO - Section 376AB of the IPC - Allegation of Rape by Father – Bail Denied – The petitioner was charged with sexually assaulting his minor daughter, aged 11 years, under Sections 376AB IPC and Section 6 of the POCSO Act – DNA evidence from the mattress matched both the victim and the petitioner – Held: Prima facie, involvement of the petitioner is established; the heinousness of the offence, breach of trust, and corroborative forensic evidence justify denial of bail [Paras 1, 11].

Progress of Trial – Delay Plea Rejected – No Unjustified Delay – Although the petitioner remained in custody for over two years, the Court noted that 18 out of 25 prosecution witnesses had been examined and the trial was nearing completion – Held: Mere duration of custody without substantial delay or inertia in trial progress is not a valid ground for bail [Paras 1, 12].

Victim Safety – Accused Residing with Victim Prior to Arrest – Bail Denied for Victim Protection – The Court held that releasing the accused on bail posed a serious risk to the safety of the victim, who is his biological daughter – Held: Given proximity and prior access, petitioner’s release not compatible with victim’s welfare [Para 13].

Decision – Bail Application Dismissed – Petition seeking regular bail rejected in view of the serious nature of the allegations, corroborative DNA evidence, and concern for the victim's safety – Held: Dismissal of bail petition warranted; observations in this order shall not affect the trial on merits [Paras 15-16].

Bail - NDPS Act – Statement of Co-Accused and Financial Transactions – Bail Granted – The prosecution relied on statements of co-accused and financial transfers to implicate the petitioners under Sections 21, 27A, and 29 of the NDPS Act – Held: Statements of co-accused are inadmissible under Sections 25 of the Indian Evidence Act and 162 CrPC – Financial transactions, in the absence of direct link to contraband trade, are insufficient to deny bail – No recovery was made from petitioners – Bail granted [Paras 12–15, 18].

Section 27A NDPS – Meaning of “Financing” – Not Attracted – Court followed Bombay High Court’s ruling in Rhea Chakraborty v. Union of India, holding that “financing” under Section 27A entails sustaining or operationalizing drug trade and not mere one-time payments – Mere money transfers, without evidence of systemic support, do not attract Section 27A [Paras 19–25].

Organised Crime under BNS – Section 111 Not Invocable – No Prior Charge Sheets – To invoke Section 111 BNS, existence of prior cognized charge sheets in the last 10 years against accused is mandatory – No such history against petitioners – Prima facie ingredients of “continuing unlawful activity” not met – Section 111 BNS not attracted – Bail allowed [Paras 26–32].

Constitutional Right to Silence – Burden of Proof on Prosecution – Petitioners cannot be compelled to explain financial transactions – The burden lies on the prosecution to prove criminal nexus – Exercise of right to silence cannot be interpreted as guilt or organisational membership [Para 33].

Decision – Bail Granted – No prima facie case under Sections 21, 27A, 29 of NDPS Act or Section 111(3) BNS – Petitioners granted bail on furnishing bail bonds of ₹1,00,000 with conditions relating to address, attendance, and conduct – Misuse of liberty may lead to cancellation of bail [Paras 34–36].

Anticipatory Bail – Sections 65(a), 65(e), 116-B, 81, 83, 98(2) of the Gujarat Prohibition Act - Sections 111(2)(b), 111(3), 111(4) of the BNS - Lack of Conscious Possession – Accused not Found at Scene – Anticipatory Bail Granted – The applicant was implicated based solely on secret police inputs and was not found in conscious possession of liquor during the raid – The Court observed that the applicant was only a witness to the rent agreement and no material suggested his direct involvement – Held: No custodial interrogation required – Anticipatory bail granted subject to conditions [Paras 2-6].

Relevant Judicial Precedents – Bail Jurisprudence – Cited Apex Court Decisions – The Court relied on the principles laid down in Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694, Gurubaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 665, and Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1 to reinforce the settled position on anticipatory bail – Emphasis placed on the applicant’s right to liberty in absence of compelling custodial need [Para 7].

Bail Conditions – Compliance and Cooperation – Bail with Conditions – Anticipatory bail granted on execution of personal bond of ₹15,000 with surety and subject to multiple conditions including cooperation with investigation, attendance at police station, travel restrictions, and non-tampering with evidence – Trial Court directed not to be influenced by observations made at bail stage [Paras 8-10].

NDPS Act – Conscious Possession – Commercial Quantity – Bail Denied – Petitioner found present in vehicle from which 3.575 kg of charas was recovered – Court held that physical presence in a private vehicle carrying commercial quantity of narcotic substance raises presumption of conscious possession under Sections 35 and 54 of NDPS Act – No explanation from petitioner rebutting presumption – Bail declined [Paras 1–2, 11–13].

Section 37 NDPS Act – Twin Conditions – Not Satisfied – Court reiterated that bail in offences involving commercial quantity can only be granted if prosecution is heard and there are reasonable grounds to believe the accused is not guilty and will not reoffend – Held: These conditions not met – Material on record points to petitioner’s complicity – Bail rejected in absence of satisfying both conditions [Paras 14–18].

Parity with Co-Accused – Not Applicable – Co-accused Desh Raj released on bail due to lack of evidence and inadmissibility of statement under Section 67 – Petitioner’s case distinct as he was physically present at the scene of recovery – Held: Parity plea rejected due to different factual circumstances [Paras 4, 20].

Presumption under Sections 35 and 54 – Applicability – Recovery from jointly used vehicle – Court reiterated legal position that once possession is proved, onus shifts to accused to explain lack of knowledge or involvement – Mere absence of call detail or bank records insufficient to rebut statutory presumption – Bail denied [Paras 11, 19].

Decision – Bail Application Dismissed – Court found that statutory presumptions under NDPS Act applied and were not rebutted – Presence in vehicle constituted prima facie evidence of offence – Petition dismissed with observations having no bearing on merits of trial [Paras 18, 22–23].

Civil Writ of Mandamus - Look Out Circular – Non-Accused – Foreign National – LOC Continuation Justified – The petitioner, a citizen of Seychelles and former director of a company under investigation for siphoning Rs.500 Crores, sought withdrawal of LOC issued by the CBI – Held: Since the petitioner is a foreign national from a country with no extradition treaty with India and there is a real risk of flight, continuation of LOC is justified till completion of investigation [Paras 8-9].

Investigation – Right to Life – Reasonable Time Limit Imposed – LOC Cannot Continue Indefinitely – The Court directed that the CBI must complete the investigation within one year – If the petitioner is not named as an accused upon completion, LOC must be revoked – Failing that, petitioner has liberty to approach the Court again – Prolonged LOC without progress violates Article 21 rights [Paras 10-11].

Travel Permission – Interim Suspension of LOC – Previous Compliance Considered – Noting the petitioner’s compliance with prior travel permissions, the Court allowed him to travel to Malaysia for personal reasons (brother’s wedding) between 17.06.2025 and 10.07.2025 – LOC to be suspended during this period subject to stringent conditions including bond, sureties, surrender of passport to Indian High Commission in Malaysia, and fixed itinerary [Para 12].

CBI Investigation – Complexity and Multijurisdictional Nature – The CBI’s stand that the case involves complex financial fraud affecting the banking system, spread over multiple jurisdictions, was accepted – The Court balanced the need for effective investigation with protection of individual liberty [Paras 4-5, 8-10].

Writ Jurisdiction – Mandamus – LOC Withdrawal – Scope – LOC withdrawal denied at this stage but time-bound completion of investigation directed – The Court reiterated that LOC cannot be used indefinitely without decisive action from investigating agencies [Paras 9-11].

Civil Writ - Education Law – Withdrawal of Recognition of School – Interim Protection Granted – Petitioner institution, running an English-medium school in Bengaluru for over 30 years, challenged cancellation of recognition issued under Sections 34 and 39 of the Karnataka Education Act on grounds of misrepresentation and unclear property title – Held: Institution has alternative remedy under Section 130; however, considering longstanding operation, enrolment of 1,500+ students, and lack of compliance issues, High Court stayed cancellation order to avoid disruption – Directed petitioner to file statutory appeal within four weeks [Paras 1, 2, 5, 6, 8, 9].

Procedural Fairness – Allegation of Pressure on Authorities – Civil and Criminal Proceedings in Background – Petitioner alleged that rival property claimants influenced education authorities through linguistic associations and failed in earlier civil and writ proceedings – Court noted seriousness of allegations and held that appellate authority must examine all facts holistically, including possible extraneous pressures, before confirming withdrawal of recognition [Paras 3, 4, 7, 9].

Appeal and Stay – Appellate Remedy Under Section 130 of Karnataka Education Act – Writ petition disposed of with liberty to petitioner to appeal against the order cancelling recognition – Operation of cancellation order dated 30.05.2025 stayed until appeal is decided or varied by reasoned order of Appellate Authority – Ensured continuity of schooling without prejudicing administrative scrutiny [Para 11 – Order (A) to (C)].

Decision: Writ petition disposed of – Petitioner permitted to avail appellate remedy within four weeks – Cancellation order dated 30.05.2025 stayed until appeal is disposed of or modified by Appellate Authority – Directions issued to ensure uninterrupted operation of the institution in the interim [Para 11 – Order].

Protection of Children from Sexual Offences Act – Conviction – Acquittal – Appellant convicted under Section 376(2)(f) IPC and Section 6 POCSO Act based on allegation of forcible intercourse with minor cousin – Trial court sentenced appellant to 10 years RI – High Court finds survivor’s testimony inconsistent and school record of age unsupported by valid documents – Held: Prosecution failed to prove minority of survivor beyond reasonable doubt as per Section 94 JJ Act – Relationship found consensual – Conviction set aside [Paras 1, 2, 22, 23, 27, 29, 30, 31].

Age Determination – Inadequacy of School Records – Survivor’s school admission register showed DOB as 03.08.1999 but no birth certificate or parental affidavit produced – School principal (PW-2) admitted date of birth was as conveyed by parents without verification – Survivor herself asserted she was born on Holi in March 1998 – Ossification test not conducted – Court holds prosecution failed to follow mandatory procedure under Section 94(2) JJ Act – Age not proved [Paras 24.1 to 24.5, 25, 26, 27, 29].

Survivor's Testimony – Contradictory Statements – Survivor initially alleged force but later under Section 164 CrPC and during trial, asserted consensual relationship initiated by her – Denied coercion or inducement – High Court accepts this version noting absence of pressure or contradiction on this point by prosecution – Testimony supports defence version [Paras 19, 20, 28, 30].

DNA and Paternity – FSL Report – Appellant accepted paternity of child through FSL report admitted under Section 294 CrPC – Issue before court was not paternity but minority of survivor – Consent immaterial only if minority proven – Since age not proved, consent becomes relevant [Para 21].

Charge Framing – Wrong Substantive Charge – Trial court framed charge under Section 5(m) POCSO Act applicable to child below 12 – Survivor admittedly not below 12 – Court holds wrong charge affects legality of conviction – Adds weight to appellant’s acquittal [Para 10].

Parental Credibility – Unreliable on Age – Survivor’s parents (PW-4 and PW-5) inconsistent on DOB – Gave contradictory statements – Admitted no birth certificate produced at admission – Court finds no credible evidence from parents on age [Paras 7, 24.3, 24.4].

Decision: Appeal allowed – Conviction and sentence set aside – Appellant acquitted – Directed to be released unless required in any other case – Copy of judgment to be sent to Jail Superintendent and uploaded on court website [Paras 31, 32, 33, 34].

Protection of Children from Sexual Offences – Conviction under POCSO – Credibility of Child Witness – DNA and Medical Evidence – Aggravated Penetrative Sexual Assault – Appeal Dismissed.

Penetrative Sexual Assault – Minor Victim – Appellant, maternal uncle of the survivor aged 5 years, convicted under Sections 376(2)/506 IPC and Section 6 read with Section 5 of POCSO Act – Trial Court sentenced him to 11 years RI with fine under POCSO and 3 years RI under IPC Section 506 – Conviction based on consistent testimony of the child survivor (PW-1), corroborated by her medical examination (MLC) and FSL report indicating presence of appellant’s genetic material on jute bag recovered from scene [Paras 2, 17, 21-22, 42-43].

Child Witness – Competency and Tutoring Allegation – Survivor’s testimony held reliable despite minor discrepancies due to age (5 years) and time gap – Court found survivor’s version consistent on key allegation of penetrative assault – Allegation of tutoring rejected in light of corroborative evidence including MLC and FSL report – [Paras 28-29, 35].

Corroborative Testimonies – Sister (PW-2), mother (PW-6), and father (PW-3) of the survivor corroborated the sequence of events including seeing the accused in compromising position, immediate complaint and recovery – Minor discrepancies in the account regarding breaking of door/window held immaterial – [Paras 18-20, 34].

Medical and Forensic Evidence – MLC confirmed bruise and hymenal tear on survivor – DNA from jute bag matched with appellant’s blood sample – Chain of custody of forensic samples established – FSL report deemed reliable and corroborative of survivor’s allegations – [Paras 21-22, 30-33].

Presumption under POCSO – Court upheld statutory presumption under Sections 29 and 30 of POCSO Act – Held that appellant failed to rebut presumption beyond reasonable doubt – Allegation of false implication due to property dispute not supported by credible evidence – [Paras 36-37].

Sentencing – Appellant was 19 years old at the time of offence – Trial Court considered mitigating factors but held offence severe, justifying 11-year sentence under POCSO – [Para 43].

Decision – Appeal dismissed – Conviction and sentence affirmed – Court found no infirmity in the judgment of conviction and sentence – Directions issued to jail authorities and legal services for further assistance to appellant – [Paras 44-48].

Civil Law - Partition Suit – Share Apportionment – Preliminary Decree Modified in Part – Trial Court passed preliminary decree dividing properties A, B, and C into specific shares among the plaintiff and legal heirs of two deceased members of the family – Appellants (wife and minor son of predeceased son) contended misallocation in A schedule shares – Held: Trial Court wrongly allotted 4/15 share each to plaintiff and defendants 1–3 instead of 3/15 to defendants 1–3 – Decree corrected accordingly; other divisions upheld [Paras 2–5, 7, 10].

Death of Plaintiff Pending Appeal – Succession Dispute – Final Decree Deferred – Appellants argued that plaintiff Thankamani died intestate, affecting share devolvement – Respondents claimed existence of will – Held: Since application for supplementary preliminary decree is pending in trial court, appellate court refrains from adjudicating succession issue – Directed trial court not to pass final decree until disposal of supplementary application [Paras 8, 9, 11].

Procedural Safeguards – Appellate Directions to Prevent Prejudice – Court acknowledged appellant's concern over possible prejudice if final decree passed without addressing succession application – Issued binding direction to trial court to sequence proceedings appropriately – Ensures fair adjudication without procedural disadvantage to parties [Paras 9, 11].

Decision: Appeal partly allowed – Preliminary decree modified regarding A schedule property shares – Final decree proceedings stayed until disposal of supplementary preliminary decree application concerning plaintiff’s share – No order as to costs – All IAs closed [Paras 10, 11].