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Judgment
S Vishwajith Shetty, J
Accused in Spl. CC No.2276/2023 pending before the Court of FTSC-I, Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.141/2023 registered by RMC Yard Police Station, Bengaluru for the offence punishable under Sections 363 of IPC and Sections 7, 8, 11(iv) and 12 of the Protection of Children from Sexual Offences, Act, 2012 (‘the POCSO Act’ for short) is before this Court under Section 439 of Cr.P.C.
Heard the learned counsel for the petitioner and learned HCGP appearing for the respondents.
FIR in Crime No.141/2023 was registered by RMC Yard Police Station, Bengaluru, against unknown persons for the offence punishable under Section 363 of IPC based on the complaint lodged by respondent No.2 on 14.08.2023. During the course of the investigation, the petitioner was arrested on 22.08.2023. The victim girl was traced and brought back. The investigation in the case is complete and the charge-sheet has been filed. Petitioner’s bail application filed before the Court of FTSC-I, Additional City Civil and Sessions Judge, Bengaluru in Crl. Misc. No.8615/2023 was rejected on 12.10.2023. Therefore he is before this Court.
Learned counsel for the petitioner, having reiterated the grounds urged in the petition, has prayed to allow the petition.
Per contra, learned HCGP appearing for the respondent-State on instruction for respondent No.2 submits that, respondent No.2-complainant has no objection for allowing the petition since the victim girl, who was aged about 17 years, had voluntarily accompanied the petitioner.
Pursuant to the registration of the FIR in Crime No. 141/2023, during the course of the investigation, the petitioner was arrested in the present case on 22.08.2023. The investigation in the case is complete and the charge-sheet has been filed against the petitioner for the offence punishable under Section 363 of the IPC and Sections 7, 8, 11 (iv) and 12 of the POCSO Act. The maximum punishment for the alleged offences is imprisonment for seven years. The petitioner, who has no criminal antecedents, is in custody from 22.08.2023. He is aged about 19 years. Considering the aforesaid aspects of the matter and also having regard to the statement made by respondent No.2, who is present in person before the Court, I am of the view that the prayer made by the petitioner herein is required to be answered in the affirmative.
Accordingly, the petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.141/2023 of RMC Yard Police Station, Bengaluru registered for the offences punishable under Sections 363 of the IPC and Sections 7, 8, 11 (iv) and 12 of the POCSO Act, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) 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 leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.