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Judgment
S Vishwajith Shetty, J
Accused in Spl.S.C.(POCSO) No.78/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-1, Chikkaballapur, arising out of Crime No.472/2023 registered by Chintamani Rural Police Station, Chikkaballapura, for the offences punishable under Section 376(2)(n) of IPC, Sections 6 & 8 of Protection of Children from Sexual Offences Act, 2012, (for short, 'POCSO Act') and Section 9 of Child Marriage Restraint 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. There is no representation of behalf of respondent No.2.
F.I.R. in Crime No.472/2023 was registered by Chintamani Rural Police Station, Chikkaballapura, against petitioner herein, initially for the offence punishable under Section 376(2)(n) of IPC, Sections 6 & 8 of POCSO Act and Sections 9, 10 & 11 of Child Marriage Restraint Act, on the basis of first information dated 17.11.2023 received from Mahesh Babu H G, Child Development Project Officer, Chintamani. During the course of investigation of the case, the petitioner herein was arrested on 22.03.2024 and subsequently remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences.
The bail application filed by the petitioner in before the trial Court in Spl.S.C.(POCSO) No.78/2024 was rejected on 26.10.2024. Therefore, he is before this Court.
Learned counsel for the petitioner submits that the victim girl who has been examined as PW-2 before the trial Court has not supported the case of the prosecution. The petitioner aged about 26 years has no criminal antecedents and he is in custody for the last nearly nine months. Accordingly, prays to allow the petition.
Per contra, learned HCGP who has opposed the bail petition, however does not dispute the submission made by learned counsel for the petitioner.
Material on record would got to show that on the basis of the first information received from the Child Development Project Officer, Chintamani, FIR has been registered against the petitioner. The victim girl who was pregnant was admitted in the Health Center at Uppar Pete in Chintamani and based on her date of birth, the first informant had approached the police, because the victim was pregnant. During the course of investigation, the petitioner was arrested on 22.03.2024. Investigation in the case is completed and charge sheet has been filed.
The first informant has been examined in the present case as PW-1 and the victim has been examined as PW-2. The victim girl has not supported the case of the prosecution. During the course of her examination in chief, she has said that the petitioner is her uncle's son and she and the petitioner have a relationship of brother and sister. She was in love with one Shrinivas from Tirupathi in Andra Pradesh and they had sexual intercourse and thereafter they got married. She has stated that from the wedlock they have a male child born. She had not made any allegation against the petitioner during the course of her examination in chief and she has been treated as a hostile witness by the Special Public Prosecutor. Under the circumstances, I am of the opinion that prayer made by the petitioner for the 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.S.C.(POCSO) No.78/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-1, Chikkaballapur, arising out of Crime No.472/2023 registered by Chintamani Rural Police Station, Chikkaballapura, for the offences punishable under Section 376(2)(n) of IPC, Sections 6 & 8 of Protection of Children from Sexual Offences Act, 2012, and Section 9 of Child Marriage Restraint Act, subject to the following conditions:
a) Petitioner shall execute 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 involve in similar offences in future;
e) 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.