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Judgment
S Vishwajith Shetty, J
Accused in Spl. C.C. No.1284/2023 pending before the Court of FTSC-I, Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.100/2023 registered by Marathahalli Police Station, Bengaluru for the offences punishable under Sections 363 and 366 of IPC, Sections 3(a), 4, 5(L) (j) (ii) and 6 of POCSO Act and Section 9 of the Child Marriage Act is before this Court under Section 439 of Cr.P.C.
Heard the learned counsel for the petitioner and learned HCGP appearing for the respondent-State. Respondent No.2, who is served in the matter, has remained unrepresented.
FIR in Crime No.100/2023 was registered by Marathahalli Police Station, Bengaluru, against unknown persons under Section 363 of IPC on the basis of the complaint lodged by respondent No.2 herein, who is the mother of the victim girl, who was aged about 17 years 2 months as on the date of the complaint. In the complaint dated 14.04.2023, it is averred that the complainant’s minor daughter, who had left the house on 03.04.2023, had not returned home thereafter. Efforts made by the complainant and her family members to trace the victim girl went in vain. Therefore, the complainant had approached the police on 14.04.2023.
During the course of the investigation, the victim girl was traced and the petitioner was arrested and remanded to judicial custody on 30.04.2023. Investigation in the case is complete, charge-sheet has been filed. The petitioner’s bail application filed before the Court of FTSC-I, Additional City Civil and Sessions Judge, Bengaluru in Crl. Misc. No.7831/2023 was rejected on 25.09.2023. Therefore, he is before this Court.
Learned counsel for the petitioner submits that the petitioner is a youngster, aged about 21 years and he has been in custody for more than six months. The victim girl and the petitioner are in love and the material on record would go to show that the victim girl had voluntarily accompanied the petitioner. She has not made serious allegations against the petitioner in her statement recorded by the police. Accordingly, he prays to allow the petition.
Per contra, learned HCGP appearing for the respondent-State has opposed the bail application.
FIR in Crime No.100/2023 was registered by Marathahalli Police on the basis of the complaint lodged by the mother of the victim girl on 14.04.2023. A perusal of the complaint averments would go to show that the girl, who had left the house on 03.04.2023, had not returned thereafter. The investigation material would go to show that the petitioner and the victim girl were acquainted with each other even prior to the victim girl and her family members settling in Bengaluru. They were earlier residing at Tirupur in Tamil Nadu and the victim girl had got acquainted with the petitioner in Tirupur. After the victim girl had shifted along with her family to Bengaluru, even the petitioner came to Bengaluru and the petitioner and victim girl continued to meet each other. On 03.04.2023, the victim girl accompanied the petitioner and thereafter, they stayed together in a rented premises. On 28.04.2023, the victim girl had returned home to meet her mother and on 29.04.2023, her mother, who is the complainant, produced her daughter before the police. Subsequently, the petitioner was arrested on 30.04.2023 and remanded to judicial custody. The victim girl has not made any serious allegations against petitioner either before the doctor, who had medically examined her or in her statement recorded by the police under Section 161 of Cr.P.C. The investigation in the case is complete. Charge-sheet has been filed. The petitioner, who is aged about 21 years and has no criminal antecedents, is in custody from 30.04.2023. Under the circumstances, I am of the view that the prayer made by the petitioner for grant of bail is required to be allowed.
Accordingly, the petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.100/2023 of Marathahalli Police Station, Bengaluru registered for the offences punishable under Sections 363 and 366 of IPC, Sections 3(a), 4, 5 (L) (j) (ii) and 6 of POCSO Act and Section 9 of the Child Marriage Act, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) 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.