Further Detention Increases Possibility Of Coming In Contact With Hardcore Criminals: Karnataka HC Grants Bail to 20-Year-Old POCSO Accused
The Karnataka High Court granted bail to a 20-year-old accused under the Prevention of Children from Sexual Offences Act, 2012 while observing that further detention in custody increases the possibility of his exposure to hardcore criminals, which is not in his best interests.
The Court was hearing a Petition seeking a grant of bail under Section 439 Cr.P.C., in a case registered for the offences punishable under Section 354(A) of the Indian Penal Code, Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Sections 66(c), 66(E) of Information Technology Act, 2000.
The bench of Justice M G Uma observed, “the petitioner is hardly aged 20 years. If he is detained in custody, there is every possibility of he coming in contact with hardcore criminals, which is not in the best interest of the petitioner.”
Advocate Vachan G.A. appeared for the Appellant and High Court Government Pleader Rahul Rai appeared for the Respondent.
Brief Facts-
The Petitioner Nikil Sankla was apprehended by the police after during his chats with a 17-year-old over Instagram, he took her intimate photos, committed sexual assault and started blackmailing the victim and her family members. Serious allegations were made against the petitioner for having committed the offence.
The Court noted that the school admission register produced by the petitioner discloses that the victim was born in 2003 however, her birth certificate showed her birth year as 2006.
As per the Court even though it is stated that the offence was committed during December, 2022, the first information came to be filed in 2024.
The Court said that the Petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the apprehension that the Petitioner may abscond or may tamper or threaten the prosecution witnesses.
Accordingly, the Court allowed the Criminal Petition.
Cause Title: Nikil Sankla v. State of Karnataka (Neutral Citation: 2024:KHC:18930)