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Judgment
S Vishwajith Shetty, J
Accused No.1 in Spl.C.No.40/2023 pending on the file of learned Spl. 2nd Addl. District and Sessions Judge Chitradurga, arising out of Crime No.199/2022 registered by Srirampura Police Station, Chitradurga District for the offences punishable under Sections 376 (2) (n) and 506 of Indian Penal Code (for short hereinafter referred to as 'IPC') and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (for short hereinafter referred to as 'POCSO') is before this Court under Section 439 of Cr.P.C. seeking regular bail.
Heard the learned Counsel for the petitioner and learned High Court Government Pleader for respondent-State. Respondent No.2 who is served in the matter has remained unrepresented before the Court.
FIR in Cr. No.199/2022 was registered by the Srirampura police station, Chitradurga initially against the petitioner herein for the aforesaid offences on the basis of the complaint dated 10.12.2022 lodged by the 2nd respondent who is the mother of the victim girl. During the course of investigation the petitioner was arrested on 10.12.2022 and subsequently remanded to judicial custody. Investigation is completed and charge sheet has been filed as against three persons for the aforesaid offences. In the charge sheet, the petitioner is arrayed as accused No.1. The petitioner's bail application filed before the Court of Special 2nd Addl. District and Sessions Judge, Chitradurga in Crl.Misc.No.1250/2023 was rejected on 04.10.2023. It is under these circumstances, the petitioner is before this Court seeking regular bail.
Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the victim girl has not stated anything against the petitioner in her statement recorded under Section 164 of Cr.P.C., and also during her examination-in-chief before the trial Court as P.W.1. The petitioner who is the step father of the victim girl has been falsely implicated in this case. Accordingly, prays to allow the petition.
Per contra, learned High Court Government Pleader has opposed the bail petition and accordingly, prays to dismiss the petition.
The material on record would go to show that the petitioner is the step father of the victim girl, after the complaint was initially lodged by the mother of the victim girl. After the victim girl had informed her that the petitioner allegedly had sexually assaulted her against her wishes. During the course of investigation, the victim girl was produced before the jurisdictional Magistrate and her statement was recorded under Section 164 of Cr.P.C. In the said statement, she has not made any allegation against the petitioner and she has stated that at the instance of accused Nos.2 and 3, she had made false allegation against the petitioner. During the course of her examination-in-chief before the trial Court as P.W.1, the victim girl has stated that accused No.2 had sexually assaulted her. Therefore, P.W.1 was treated as hostile witness. During her cross examination, she has stated that accused Nos.2 and 3 had sexually assaulted her. Sister of the victim girl is examined before the trial Court as P.W.6. Even this witness has also stated that accused Nos.2 and 3 had sexually assaulted the victim girl. The complainant who is the mother of the victim girl has been examined as P.W.5 before the trial Court and she is also treated as hostile witness. The allegations made against the petitioner is required to be proved in the full-fledged trial. Under the circumstances, I am of the view that the petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, I pass the following:
ORDER
The Criminal Petition is allowed.
The petitioner is directed to be released on bail in respect of Crime No.199/2022 registered by Srirampura Police Station, Chitradurga District for the offences punishable under Sections 376 (2) (n) and 506 of IPC and Sections 4 and 6 of POCSO Act, subject to the following conditions:-
a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) 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 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.