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Judgment
H.S. Kempanna, J.—Petitioner who is arrayed as accused No. 3 in C.C. No. 1781/2013 on the file of JMFC, Nelamangala registered for the offence under Sections 511, 506, 504, 377 r/w 34 of IPC and under clause 0.818 of the Protection of Children from Sexual Offence Act, 2012 is before this Court seeking for grant of regular bail. The Charge sheet placed on record reveals CW-2 is the son of CW-1. He had been admitted to Belaku Swayam Seva Samsthe situated at Kaggadasapura for treatment. He was neutral gender person. Accused No. 1 advanced towards him and tried to have sex with him against the order of the nature. That was objected to by CW-2 but he was overpowered. Later when he informed the same to Accused No. 2 and to this petitioner who is Accused No. 3, they are alleged to have chastised him and assaulted him with fibre stick. Thereafter the complainant on learning about the same through her son CW-2 filed a complaint before the police, who, on receipt of the same registered the case against the petitioner and two others. After completion of investigation have filed charge sheet against them.
Learned counsel for the petitioner submits that the material on record does not reveal the present petitioner having had intercourse with CW-2 against the order of nature. It is only Accused No. 1 who has done the said act. The overt act attributed by this petitioner is when CW-2 reported the act of accused No. 1 to him, he along with accused No. 2 have assaulted him with fibre stick, threatened him not to divulge the same to anybody. The petitioner is in custody since 23.8.2013. As the charge sheet has been submitted, he be released on bail.
Per contra, learned High Court Government Pleader vehemently opposed the petition filed by tile petitioner. The material on record reveals the overt act attributed to this petitioner is only that he along with accused No. 2 had assaulted CW-2 with fibre stick saying not to divulge the act. of accused No. 1 to anybody. He is in custody since 23.8.2013. As the final report has been filed, in the circumstances, I do not find any justification to decline the request of the petitioner. Accordingly I proceed to pass the following:-
ORDER
Petition is allowed.
The petitioner is ordered to be released on bail on his executing a personal bond in a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the jurisdictional Magistrate subject to the following conditions:-
The petitioner shall not tamper with the prosecution witnesses.
The petitioner shall make himself available to the investigating agency as and when required for the purpose of investigation.