Bail granted in light of no prima facie material against the accused

Karnataka High Court: A Single Judge Bench comprising of Sreenivas Harsih Kumar, J., decided a criminal petition filed under Section 439 of CrPC, wherein the petitioner was enlarged on bail holding that there was no prima facie material against the accused-petitioner.

The petitioner was accused of taking away the victim girl to his house and committing rape on her by giving her intoxicating drink. The complaint was made by mother of the victim in relation to the alleged incident and a criminal case was registered against the petitioner. He was arrested for the alleged crime. The petitioner filed the instant petition praying to be enlarged on bail.

The High Court perused the record and found that in her statement before the Magistrate under Section 164 CrPC, the victim girl had revealed about her love affair with the petitioner; however, nowhere did she mention anything about the committing of rape on her by the petitioner. The victim girl was about seventeen years of age at the time of alleged incident. Although, the mention of the alleged incident is found in her statement before the police under Section 161 CrPC, but nothing is said about it in her statement before the Magistrate. The Court was of the opinion that there was no prima facie material against the petitioner in relation to the alleged offence.

Hence, the petition was allowed and the petitioner was enlarged on bail, subject to the conditions imposed. [Jaheer v. State of Karnataka, Crl. Petition No. 10 of 2018, order dated 1.3.2018]

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