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Judgment
S Vishwajith Shetty, J
Accused in Special Case No.30/2023 pending on the file of the Additional District and Sessions Judge, FTSC-1, at Tumakuru arising out of Crime No.149/2022 registered by the Tumakuru Women Police Station, Tumakuru Sub-Division, Tumakuru for the offences punishable under Sections 363, 376 and 506 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘the POCSO Act’ for short) is before this Court under Section 439 of Cr.P.C.
Heard the learned counsel for the parties.
Respondent No.2 who is served in the matter has remained absent.
On the basis of the complaint dated 23.11.2022 lodged by Shantha Kumari, the mother of the victim girl, FIR in Crime No.149/2022 was registered by Tumakuru Women Police Station, Tumakuru Sub-Division, Tumakuru against the petitioner initially for the offence punishable under Section 363 of IPC.
During the course of investigation, the petitioner and the victim girl were traced and brought back. The petitioner was produced before the Court and remanded to judicial custody on 25.11.2022. Investigation in the case is completed and charge sheet has been filed. The bail application of the petitioner filed before the trial Court in Crl.Misc.No.172/2023 was rejected on 16.02.2023. Therefore, the petitioner is before this Court.
Learned counsel for the petitioner having reiterated the grounds urged in the petition prayed to allow the petition.
Per contra, learned HCGP has opposed the bail application. He submits that the victim is a minor girl and therefore, the alleged offences get attracted against him.
The material on record would go to show that FIR in Crime No.149/2022 by Tumakuru Women Police Station, Tumakuru Sub-Division, Tumakuru was registered against the petitioner on the basis of the complaint made by the mother of the victim girl, wherein she has stated that she suspected the involvement of this petitioner in the case. During the course of investigation in the case, the petitioner and the victim girl were traced. The victim girl was subjected to medical examination and her statement under Section 164 of Cr.P.C. was also recorded by the Jurisdictional Magistrate. During the course of her statement under Section 164 of Cr.P.C., the petitioner has not made any allegation against the petitioner. On the other hand, she has made allegations against her parents. She has also stated that a false complaint is lodged against the petitioner, who had in fact helped her after she left her house, since her parents had abused and assaulted her. Even before the Doctor, who has medically examined the victim girl, no allegation is made against the petitioner. The petitioner is a youngster aged about 23 years, who is in judicial custody from 25.11.2022 onwards. The investigation is completed and charge-sheet is filed and the allegation against the petitioner is required to be proved in a full-fledged trial. Under these circumstances, I am of the view that the petitioner has made out a prima facie case for grant of regular bail. Accordingly, I proceed to pass the following:
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.149/2022 registered by Tumakuru Women Police Station, Tumakuru Sub-Division, Tumakuru, for the offences punishable under Sections 363, 376 and 506 of IPC and Section 6 of the POCSO Act, subject to the following conditions:
a) The 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.