H. J. Sachin vs State Of Karnataka & Others

K. Natarajan, J

This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., for granting bail in Crime No.71/2018 (Spl.C(POCSO)NO.29/2020)

registered by Chickmagalur Police for the offences punishable under Sections 376(2)(i)(n), 506 of IPC and Sections 5(j)(ii)(L) and 6 of Protection of

Children from Sexual Offences Act, 2012 (‘POCSO Act’ for brevity).

The case of the prosecution is that on the complaint of victim herself filed before the police on 09.03.2018 alleging that the accused used to come to

the house under the guise of studies and she was studying 10th standard, the accused was studying B.A. and during that time, the accused is said to

have sexually assaulted her between 01.07.2017 and 08.03.2018, due to which, she became pregnant. After registering the case, the police were

trying to arrest this petitioner. He has approached this Court for grant of anticipatory bail in Crl.P.No.6725/2020, which came to be dismissed as

withdrawn with liberty to file regular bail petition by surrender vide order dated 30.11.2020. Accordingly, the petitioner is said to have surrendered

before the police on 11.12.2020 and he is in judicial custody. Hence, he is before this Court.

Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case.

He submits that the trial is already commenced before the Special Court where the victim and her mother have turned hostile. There is no case

against this petitioner for the offence which he has committed. Hence, prayed for allowing the bail petition.

Per contra, the learned High Court Government Pleader has objected the bail petition.

Upon hearing the arguments and on perusal of the records as well as the certified copy of the depositions filed by the learned counsel for the

petitioner in respect of the victim and her mother, where victim was examined as PW.2 and her mother was examined as PW.1. Both of them have

totally turned hostile and have not supported the prosecution case. The alleged offences are Section 376(2)(i)(n) of IPC and POCSO Act. The

complaint is filed by herself and the statement under Section 164 of Cr.P.C. and evidence before the Court are against the information given to the

police at the time of registering the case. Therefore, without expressing any opinion on the merits of the case, I am of the view that the

petitioner/accused is entitled for bail. Hence, I pass the following:

ORDER

The criminal petition is allowed.

The trial Court is directed to release the petitioner/accused on bail in Crime No.71/2018 (Spl.C(POCSO)NO.29/2020) registered by Chickmagalur

Police for the offences punishable under Sections 376(2)(i)(n) and 506 of IPC and Sections 5(j)(ii)(L) and 6 of POCSO Act, subject to the following

conditions:-

i) Petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for likesum to the satisfaction

of the trial Court;

ii) Petitioner shall not leave the jurisdiction of this Court without prior permission; and

iii) Petitioner shall take the trial without causing any delay.