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Judgment
Accused in Special CC No.112/2021 pending before the Court of Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Crime No.143/2020 registered by Nelamangala Town Police Station, Bengaluru Rural District, for the offences punishable under Sections 366, 363 and 376 of IPC, Section 9 of the Child Marriage Restraint Act and Sections 4 and 6 of the POCSO Act, 2012, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.
Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court.
Perusal of the material on record would go to show that petitioner, who was arrested in the present case earlier on 05.01.2021 was granted regular bail by the jurisdictional Sessions Court on 05.06.2021, after the charge sheet was filed in the present case. It appears that subsequently the petitioner had not appeared before the Trial Court and therefore, coercive steps were taken as against him and he was arrested on 29.07.2025, produced before the Court on 30.07.2025 and remanded to judicial custody. His bail application filed subsequently before the Trial Court in Crl.Misc.No.1039/2026 was rejected on 16.06.2026. Therefore, he is before this Court.
It is not in dispute that petitioner, who is a youngster has no other criminal antecedents. On the merits of the case, he was earlier granted regular bail after charge sheet was filed in the present case. Only for the reason that petitioner had not appeared before the Trial Court on the regular dates of hearing, he was arrested and remanded to judicial custody on 30.07.2025. He is now in custody for the last more than one year. For the mistake committed by the petitioner, he has been substantially punished. He has undertaken to abide by the conditions that may be imposed on him and also to co-operate before the Trial Court for speedy disposal of the case. Under the circumstances, the following order:-
The petition is allowed. The petitioner is directed to be enlarged on bail in Special CC No.112/2021 pending before the Court of Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Crime No.143/2020 registered by Nelamangala Town Police Station, Bengaluru Rural District, for the offences punishable under Sections 366, 363 and 376 of IPC, Section 9 of the Child Marriage Restraint Act and Sections 4 and 6 of the POCSO Act, 2012, subject to the following conditions:
Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
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;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not involve in similar offences in future;
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.