Karnataka High Court: A Single Judge Bench comprising of Sreenivas Harish Kumar, J. decided a criminal petition, wherein the Court released the accused on bail in light of lack of prima facie case against him.
The petitioner-accused was booked in a criminal case for offences punishable under Sections 4 and 6 of Prevention of Children from Sexual Offences (POCSO) Act along with Sections 363 and 376 IPC. The complaint was filed by the mother of the victim girl. The girl was traced and her statement was recorded under Section 164 CrPC. In her statement, the girl stated that she was in love with the accused. They wanted to marry each other. The accused came to her college and took her with him to his sister’s house.
On perusal of the statement of the girl, the Court was of the view that at the instant stage, prima facie materials were not forthcoming to make out a case for alleged offence under POCSO Act and IPC. The statement of the girl clearly showed that there was love between her and the accused. The investigation was complete and charge-sheet had been filed. The Court held that detention of the petitioner in custody was not necessary. Therefore, the petition was allowed and the accused was enlarged on bail subject to the conditions imposed. [Putappa v. State of Karnataka, Crl. Petition No. 9797 of 2017, dated 27.4.2018]