The High Court has said that granting bail on the ground that charge sheet has been filed and a rape accused has been in judicial custody for six months in a case pertaining to raping a minor, is wholly incorrect and improper.
Rape accused Nagaraj, a resident of Chikkabasuru village in Kadur taluk of Chikkamagaluru district, was granted bail by the Sessions Court of Chikkamagaluru for the reason that charge sheet was filed against the accused and he had already spent six months in prison.
Hearing the criminal petition filed by the Tagati police seeking directions to cancel the bail granted to him, Justice A V Chandrashekara allowed the petition filed by the police, cancelling the bail granted to the accused. The bench said that reasons like investigation is over and accused has been in judicial custody for six month are 'not cogent reasons' to grant bail to a rape accused who has been booked for raping a minor.
The bench in its order said, “One cannot forget that the case is related to an offence committed on a girl aged 17 years, and that she is a 'child' for all practical purposes. The provisions of POCSO Act, 2012, (The Protection of Children from Sexual Offences Act) are stringent, and special courts have been established to deal with such offences against children, whether girls or boys. Apart from this, presumption available under Section 29 of POCSO Act will have to be raised when the charge sheet is filed. The lower court judge has not kept in mind the gravity of the offence, nature of allegation and the punishment contemplated.”
The bench directed the judge, who is hearing the case, to dispose of the matter at the earliest, and imposing few conditions on the accused would meet the ends of justice. The bench also directed the accused to surrender without delay and directed the court to frame appropriate charges and dispose of the case within two months from the date of surrender without fail.
