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Judgment
S Vishwajith Shetty, J
Accused No.1 in Spl.C.No.193/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Mysuru, arising out of Crime No.19/2024 registered by Narasimharaja Police Station, Mysuru City, for the offences punishable under Sections 376(2)(n) & 366(A) of IPC and Sections 5(J)(ii), 5(L) & 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under section 439 of Cr.P.C., seeking regular bail.
Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court.
FIR in Crime No.19/2024 was registered by Narasimharaja Police Station, Mysuru City, against the petitioner and mother of the victim girl, on the basis of first information dated 31.01.2024 received from respondent No.2 herein, who is the representative of NGOs Odanadi Seva Samssthe, at Mysuru. During the course of the investigation of the case, the petitioner who was arrayed as accused No.1 in the FIR was arrested on 01.02.2024 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner and another for the aforesaid offences.
The bail application filed by the petitioner before the trial Court in Spl.C.No.193/2024 was rejected on 29.07.2024. Therefore, he is before this Court.
Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner has been falsely implicated in the present case. Medical records do not support the case of the prosecution. Investigation in the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition.
Per contra, learned HCGP has opposed the petition and he submits that the victim girl who was as minor has delivered a child. The petitioner aged about 40 years has committed heinous offence. Accordingly, he prays to dismiss the petition.
In the first information dated 31.01.2024 it is stated that information was received by the first informant that the minor victim girl was pregnant by 8 months and therefore, after giving information to the jurisdictional police, the first informant had made inquiry with the victim girl who alleged informed her that the petitioner who was coming to the mess which was run by her parents, had taken her along with him and had sexual intercourse with her against her wishes and he was the cause for her pregnancy. It is in this background, FIR in crime No.19/2024 was registered against the petitioner herein and another. During the course of the investigation he was arrested on 01.02.2024 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed.
The DNA report dated 13.09.2024 received in this case would go to show that the victim girl is the biological mother of the placenta and Umbilical Cord forwarded to the laboratory for examination. It is further mentioned that after examination of the blood sample of the petitioner with the placenta and Umbilical Cord forwarded, the petitioner is excluded from being a biological father of the said placenta and Umbilical Cord.
The petitioner who is married man, has no other criminal antecedents and is in custody from 01.02.2024. Investigation in the case is complete and charge sheet has been filed. Considering the aforesaid aspects of the matter, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively.
Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in Spl.C.No.193/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Mysuru, arising out of Crime No.19/2024 registered by Narasimharaja Police Station, Mysuru City, for the offences punishable under Sections 376(2)(n) & 366(A) of IPC and Sections 5(J)(ii), 5(L) & 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties 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 leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.