Suresh vs State Of Karnataka & Ors.

S Vishwajith Shetty, J

Accused in Special Case (POCSO) No.85 of 2024 pending before the Additional District and Sessions Judge, FTSC-I (POCSO), Kolar, arising out of Crime No.37 of 2024 registered by Nangli Police Station, Kolar for the offences punishable under Sections 363, 376(2)(n) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, POCSO Act), is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail.

Heard the learned counsel for the petitioner and the learned HCGP for Respondent No.1/State. Respondent No.2 though is served has remained unrepresented before this Court.

FIR in Crime No.37/2024 was registered by Nangli Police Station, Kolar, initially for the offence punishable under Section 363 of IPC against the petitioner herein on the basis of the first information dated 15.03.2024 received from Respondent No.2 who is the mother of the victim girl aged about 16 years. In the first information, it is averred that the first informant was found missing from the house of the first informant on 14.03.2024. Efforts made to trace her had failed. On enquiry, first informant learnt that the petitioner and two other boys who came in a Car had kidnapped the victim girl in the said Car. During the course of the investigation, the victim girl had returned home on 18.03.2024. She was thereafter subjected to medical examination. Petitioner herein was arrested on 20.03.2024 and subsequently remanded to judicial custody. Investigation is completed and charge-sheet has been filed. Bail application filed by the petitioner before the Trial Court in Special Case (POCSO) No.85 of 2024 was rejected on 11.07.2024. Therefore, he is before this Court.

Learned counsel for the petitioner submits that the petitioner and the victim girl are in love and this was opposed by the parents of the victim girl since the petitioner belongs to a different religion. The victim has not made any allegation against the petitioner in her statement recorded under Section 164 of Cr.P.C. Petitioner has no criminal antecedents and is in custody 20.03.3024. Accordingly, he prays to allow the petition.

Per contra, the learned High Court Government Pleader has opposed the bail application. He submits that the victim is a minor and she has made allegations against the petitioner in her statement recorded under Section 161 of Cr.P.C. and also in the statement that was recorded by the Doctor who had medically examined her. Petitioner may tamper with prosecution witnesses. Accordingly, prays to dismiss the petition.

Perusal of the material available on record would go to show that the victim girl who had studied upto 9th standard had discontinued her studies and was staying at home. On 14.03.2024, the victim girl who had gone out at about 7.30 pm to bring some eatables had not returned home. Efforts made by the first informant and family members to trace her had failed. Since the first informant was informed that the petitioner and his friends had taken her daughter in a Car, she had approached the Police and FIR was initially registered against the petitioner for the offence punishable under Section 363 of IPC. During the course of investigation, victim girl had returned home on 18.03.2024 and the petitioner herein was arrested on 20.03.2024 and was subsequently remanded to judicial custody. Statement of the victim girl under Section 164 of Cr.P.C. was recorded before the jurisdictional Magistrate on 22.03.2024. The victim girl has stated that she was in love with the petitioner for the last three years and since her parents had opposed the same, she had discontinued her studies. Since efforts were made to perform her marriage with some other boy, she had left her house and gone with the petitioner. She has not made any allegation against the petitioner about he committing any kind of sexual assault on her. Even before the Doctor who had examined her and also before the Police who have recorded her statement under Section 161 of Cr.P.C., she has stated that she herself had gone with the petitioner. The petitioner has no other criminal antecedents and he is in custody since 20.03.2024. Investigation in the case is completed and charge-sheet has been filed. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits and de-merits of the case, petitioner's prayer for grant of regular bail has to be answered affirmatively, subject to imposing appropriate conditions, which would take care of the apprehension expressed by the learned HCGP. Accordingly, the following:

ORDER

Petition is allowed. The petitioner is directed to be enlarged on bail in Special Case (POCSO) No.85 of 2024 pending before the Additional District and Sessions Judge, FTSC-I (POCSO), Kolar, arising out of Crime No.37 of 2024 registered by Nangli Police Station, Kolar for the offences punishable under Sections 363 and 376(2)(n) of IPC and Section 6 of the POCSO Act, 2012, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (One Lakh only) with two sureties for the like-sum, 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.