POCSO Act: Karnataka High Court Grants Bail To Youth Accused Citing Chances Of Coming In Contact With Hardcore Criminals In Custody

The Karnataka High Court recently granted bail to a 20-year-old who allegedly, after having chats with a minor girl over Instagram, took her intimate photos, committed sexual assault and started blackmailing the victim and her family members.

A single judge bench of Justice M G Uma allowed the bail petition observing that “The petitioner is hardly aged 20 years. If he is detained in custody, there is every possibility of him coming in contact with hardcore criminals, which is not in the best interest of the petitioner.”

The accused has been in custody since January 30 for offences punishable under section 354(A) IPC, Section 8 POCSO Act and Sections 66(c), 66(E) of Information Technology Act, 2000.

Court noted that the investigation is complete and the chargesheet has been filed. "It is not the contention of the prosecution that the petitioner is required for further investigation," it added.

Court also recorded in its order that though as per school admission register, the victim was born in the year 2003. However, the birth certificate of the victim showed her date of birth as 05.06.2006. Court also recorded about a year delay in lodging the FIR. "Even though it is stated that the offence was committed during the month of December, 2022, the first information came to be filed on 19.01.2024."

Accordingly, it allowed the petition and granted bail to the accused with conditions.

Appearance: Advocate Vachan G A for Petitioner.

HCGP Rahul Rai K for R1.

Citation No: 2024 LiveLaw (Kar) 263

Case Title: Nikil Sankla AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 4209 OF 2024

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