H. Nagesha vs State Of Karnataka Represented By Abbinahole Police Station, Chitradurga District, Represented By Spp, High Court Building, Bangalore - 560001 & Others

S Vishwajith Shetty, J

Accused in Spl.C.No.64/2023 pending on the file of learned Spl. 2nd Addl. District and Sessions Judge Chitradurga, arising out of Crime No.61/2023 registered by Abbinahole Police Station, Chitradurga District for the offences punishable under Sections 363 and 376 of Indian Penal Code (for short hereinafter referred to as 'IPC') and Sections 4, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short hereinafter referred to as 'POCSO') is before this Court under Section 439 of Cr.P.C. seeking regular bail.

Heard the learned Counsel for the petitioner and learned High Court Government Pleader for respondent-State. Respondent No.2 who is served in the matter has remained unrepresented before the Court.

FIR in Cr. No.61/2023 was registered by the Abbhinahole police station, Chitradurga against the petitioner herein for the aforesaid offences on the basis of the complaint dated 28.03.2023 lodged by the 2nd respondent who is the mother of the victim girl. In the complaint it is averred that the complainant's minor daughter who was studying in 7th standard was found missing from their house on 26.03.2023 and she returned home on 28.03.2023. On enquiry, she told that the petitioner had taken her to a house at Dasarahalli, Bengaluru on 26.03.2023 and had sexually assaulted her despite she resisting his act. It is in this background, the complaint was lodged.

During the course of investigation, the petitioner was arrested on 29.03.2023 and subsequently, he was produced before the jurisdictional Magistrate and remanded to judicial custody. Investigation is completed and charge sheet has been filed. The petitioner's bail application filed before the Court of Special 2nd Addl. District and Sessions Judge, Chitradurga in Crl.Misc.No.758/2023 was rejected on 10.07.2023. It is under these circumstances, the petitioner is before this Court seeking regular bail.

Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that before the trial Court, totally 12 charge sheet witnesses have been examined as P.W.1 to P.W.12. The victim girl and her parents are also examined. The petitioner, aged about 21 years has no criminal antecedents and he is in judicial custody from 29.03.2023 onwards. Accordingly, prays to allow the petition.

Per contra, learned High Court Government Pleader has opposed the bail petition and submits that victim girl is a minor and therefore, the alleged offences get attracted against the petitioner and accordingly, prays to dismiss the petition.

The material made available to the Court would go to show that the complainant's minor daughter was found missing from the house on 26.03.2023. However, no missing complaint was lodged. Subsequently, on 28.03.2023, the minor girl allegedly had returned home and it is only thereafter the complaint was lodged against the petitioner alleging that he had taken her to a room and committed sexual assault on her. Investigation is completed and charge sheet has been filed. During the course of investigation, the petitioner was arrested on 29.03.2023.

Before the trial Court, prosecution has examined totally, 12 charge sheet witnesses as P.W.1 to P.W.12. The victim girl has been examined as P.W.1 and her parents have been examined as P.Ws.2 and 3 respectively. During the course of cross examination, the victim girl has stated that she is aged 17 years and she is studying in 10th standard at present. P.Ws.2 and 3 have stated that they do not know the exact date of birth of the victim girl. P.W.2 has admitted in the cross examination that victim girl is aged about 19 years. The Doctor who had medically examined the victim girl is examined as P.W.10 and he has stated that after examination of the victim girl, he had found that there is no evidence suggestive of any recent sexual act/exposure and he further stated that after local examination, hymen was found intact, no injuries were found on external genitalia. The petitioner who has no criminal antecedents is aged about 21 years and he is in judicial custody from 29.03.2023 onwards. Since the material charge sheet witnesses are already examined, there cannot be any apprehension that the petitioner is likely to tamper the prosecution witnesses. Therefore, without expressing any opinion on the merits of the case, the petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, I pass the following:

ORDER

The Criminal Petition is allowed.

The petitioner is directed to be released on bail in respect of Crime No.61/2023 registered by Abbinahole Police Station, Chitradurga District for the offences punishable under Sections 363 and 376 of IPC and Sections 4, 8 and 12 of POCSO Act, subject to the following conditions:-

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.