Manjunath vs State Of Karnataka By Bagepalli Police Station, Rep By Spp, High Court Of Karnataka, High Court Building - 560001 & Others

S Vishwajith Shetty, J

The accused in Spl.SC No.30/2023 pending before the Court of Additional District and Sessions Judge, FTSC-1, Chikkaballapura arising out of Crime No.35/2023 registered by Bagepalli police station, Chikkaballapura for the offences punishable under Section 376(3) of Indian Penal Code (hereinafter referred to as ‘IPC’ for short) and Section 3, 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short), is before this Court under Section 439 of Cr.P.C., seeking regular bail.

Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Respondent No.2 though served in the matter, remained unrepresented.

On the basis of the complaint lodged by the victim dated 10.01.2023, FIR in Crime No.35/2023 was registered by Bagepalli police station, Chikkaballapura against the petitioner herein initially for the offences punishable under Section 3 and 4 of POCSO Act. During the course of investigation of the said case, the petitioner was arrested on 10.01.2023. Investigation in the case is complete and charge sheet has been filed. Petitioner's bail application filed before the trial Court in Crl.Misc.No.242/2023 was rejected on 30.05.2023. Therefore, the petitioner is before this Court.

Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submitted that the petitioner is the son of the maternal uncle of the victim. The victim has not made any allegation against the petitioner either in her statement recorded under Section 164 of Cr.PC by the jurisdictional Magistrate or during her deposition before the trial Court, wherein she has been examined as PW-1. Accordingly, he prays to allow the petition.

Learned HCGP appearing for respondent - State has opposed the bail application.

A perusal of the complaint dated 10.01.2023 lodged by the victim would go to show that the petitioner is the son of her maternal uncle. The complaint was lodged after the victim girl had delivered a boy baby on 10.01.2023. Based on the said complaint, the petitioner was arrested on 10.01.2023. Investigation in the case is completed and charge sheet has been filed for the aforesaid offences. The victim girl's statement under Section 164 of Cr.PC was recorded by the jurisdictional Magistrate on 02.03.2023. In the said statement, the victim girl has not made any allegation against the petitioner herein. The victim girl has been now examined before the trial Court as PW-1 and even during the course of her deposition before the trial Court, she has not made any allegation against the petitioner. Petitioner is aged about 20 years. He is in custody from 10.01.2023.

Under these circumstances, this Court is of the view that the petitioner has made out a case for grant of regular bail.

Accordingly, the following:

ORDER

(i) The petition is allowed.

(ii) The petitioner is directed to be released on bail in Spl.S.C. No.30/2023 pending before the Court of Additional District and Sessions Judge, FTSC-1, Chikkaballapura, for the offences punishable under Section 376(3) of IPC and Section 3, 4 and 6 of POCSO Act, subject to the following conditions:-

a. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the concerned Court;

b. He shall not tamper with the prosecution witnesses either directly or indirectly;

c. He shall appear before the Trial Court regularly on all dates of hearing unless his presence is dispensed with the Trial Court for valid reasons.

d. He shall not leave the jurisdiction of the Court without prior permission from the said Court till the disposal of the case.