Case Note & Summary
The petitioner, Mohammed Shahid Khaleel, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in Crime No.15/2020 registered at Devarajeevanahalli Police Station, Bengaluru for offences punishable under Sections 363 and 366 of the Indian Penal Code, 1860 and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012. The case arose from a complaint filed by Smt. Sameena, the mother of the victim girl Iram (aged about 16 years), alleging that on 17.01.2020 at about 7.15 p.m., her daughter left home without informing anyone, taking all her clothes. The complainant suspected that the accused had kidnapped her daughter. The accused was arrested and had been in judicial custody since his arrest. The learned counsel for the accused argued that the victim had voluntarily accompanied the accused and had married him, as evidenced by her statement under Section 164 Cr.P.C. where she stated she was 18 years old and went with the accused of her own free will. The counsel also submitted that the accused was only 24 years old and had no criminal antecedents. The learned High Court Government Pleader opposed the bail, contending that the victim was a minor aged 16 years and that the accused had committed a serious offence under the POCSO Act. The court examined the complaint and the victim's statement. It noted that the victim in her Section 164 statement stated that she was 18 years old and had voluntarily accompanied the accused and married him. The court observed that the victim had been residing with the accused for some time and that there was no allegation of force or inducement. Considering the young age of the accused, the period of custody, and the victim's consent, the court held that the accused was entitled to bail. The court granted bail subject to conditions including furnishing a bond of Rs.1,00,000 with two sureties, not tampering with evidence, not leaving the jurisdiction without permission, and appearing before the court as required.
Headnote
A) Criminal Law - Bail - Section 439 Cr.P.C. - Kidnapping and POCSO Offences - Accused sought bail for kidnapping a minor girl aged 16 years - Victim stated she went with accused voluntarily and married him - Court considered age discrepancy (victim claimed 18 years), consent, and custody period - Held that accused is entitled to bail with conditions as no prima facie case of force or inducement established (Paras 1-8).
Issue of Consideration
Whether the accused is entitled to regular bail under Section 439 Cr.P.C. for offences under Sections 363 and 366 IPC and Sections 7 and 8 of POCSO Act, given the victim's age and alleged consent.
Final Decision
The petition is allowed. The petitioner/accused is ordered to be enlarged on bail in Crime No.15/2020 of Devarajeevanahalli Police Station, Bengaluru, subject to conditions: (i) executing a personal bond for Rs.1,00,000 with two sureties; (ii) not tampering with prosecution witnesses; (iii) not leaving the jurisdiction without court permission; (iv) appearing before the court as required.
Law Points
- Bail under Section 439 Cr.P.C.
- POCSO Act Sections 7 and 8
- IPC Sections 363 and 366
- age of victim
- consent of minor
- custody of victim with accused
- prima facie case
- judicial custody
