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Judgment
G Basavaraja, J
The appellant has preferred this appeal against the order passed by the FTSC-1, Additional City Civil and Sessions Judge, Bengaluru in Crl.Misc.No.9131/2025 dated 04.11.2025.
The brief facts leading to this appeal are that on the basis of the complaint filed by one Parvathi, K.R.Puram Police has registered the case in Cr.No.630/2025 against the accused for the offence under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act, 2012' for short). On the same day accused was arrested and produced before the Magistrate. Accused has been remanded to judicial custody. The application was filed under Section 483 of BNSS for grant of regular bail and the same came to be rejected by the trial Court. Being approved by this order, the appellant/accused has preferred this appeal.
Learned counsel for the appellant would submit that the investigation is already completed and IO has submitted the chargesheet against the accused for the commission of offence under Sections 7 and 8 of POCSO Act, 2012 and also Section 3(1)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 75(1)(ii) of the Bharatiya Nyaya Sanhita, 2023. The alleged commission of offences are not punishable with death or imprisonment for life and the accused is not required for further investigation. Hence, sought to allow this appeal.
Considering the nature and gravity of offence, antecedents of the appellant, I proceed to pass the following:
ORDER
i) Appeal is allowed.
ii) The order passed by the FTSC-1, Additional City Civil and Sessions Judge, Bengaluru in Crl.Misc.No.9131/2025 dated 04.11.2025 is set aside. Consequently, application filed under Section 483 of BNSS is allowed on following conditions:
a) The appellant shall be released on bail and executing a self-bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the likesum to the satisfaction of the trial Court.
b) The appellant shall not tamper or threaten the prosecution witnesses in any manner.
c) The appellant shall appear before the trial Court on all the dates of hearing and he shall co-operate in conducting the trial.
Registry directed to send the copy of this order to the trial Court for taking necessary action.