Prima Facie Evidence of a Loving Relationship: High Court Grants Bail to Accused in POCSO Case

In a recent legal development, the High Court of Karnataka has granted bail to the petitioner accused in a case involving a mix of Indian Penal Code (IPC) and Protection of Children from Sexual Offences (POCSO) Act offences. The decision comes after a detailed examination of the case, and the court cited “prima facie evidence of a loving relationship” between the accused and the victim.

The case in question, Special Criminal Pocso No. 114 of 2023, pertains to an incident registered by the Chitradurga Women Police Station, Chitradurga District, under Sections 363, 376(2)(n) of IPC, Sections 4, 5(J)(II), 5(L), 6, 17 of the POCSO Act, and Sections 9, 10, and 11 of the Prohibition of Child Marriage Act. The accused, identified as Sri. G. Venu, had sought regular bail after his earlier application was rejected.

The court, presided over by the Hon’ble Mr. Justice S Vishwajith Shetty, heard arguments from both sides. The complainant, who is the mother of the victim girl, had lodged the complaint in July 2023. During the investigation, the petitioner and the victim girl were located, and the petitioner was remanded to judicial custody. The victim girl’s statement was recorded under Section 164 of the Code of Criminal Procedure, which forms a crucial part of the evidence in this case.

The petitioner’s counsel argued that the evidence on record indicated a loving relationship between the petitioner and the victim girl, and it was at the victim’s insistence that the petitioner had taken her to his relative’s house. The victim girl had not made any serious allegations against the petitioner, further supporting the petitioner’s plea for bail.

In response, the High Court Government Pleader opposed the bail application, while the complainant remained absent during the hearing.

Justice S Vishwajith Shetty, in his observation, noted, “The material on record would go to show that the victim girl has not made any serious allegations against the petitioner. On the other hand, she has stated that after she attains 18 years of age, she intends to marry the petitioner.”

The judge also highlighted that the petitioner had no criminal antecedents and had been in custody since July 27, 2023. With the investigation completed and the charge sheet filed, the court found that the petitioner had made out a prima facie case for the grant of regular bail.

As a result, the court ordered, “The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.Pocso No.114 of 2023 pending before the II Additional District and Sessions Judge, Chitradurga, subject to certain conditions, including execution of a personal bond.”

Date of Decision: 4^th December 2023

SRI. G. VENU VS STATE BY CHITRADURGA WOMEN POLICE STATION