AI Structured Summary
Not yet generated for this judgment
Judgment
Shivashankar Amarannavar, J
This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Crime No. 277/2025 of Holehonnur Police Station registered for offence under Section 64(2)(m), 87, 3(5) and 127(4) of BNS and Sections 6 and 17 of POCSO Act and Section 9 of Prohibition of Child Marriage Act.
Heard learned counsel for petitioner and learned HCGP for respondent No. 1 - State. Inspite of service of notice respondent No. 2 remained absent and unrepresented.
Learned counsel for petitioner would contend that the allegation of having forcible sexual intercourse on the victim girl is against accused No. 1. The allegation against this petitioner is that he helped accused No. 1 in getting accommodation in the house of C.W.4 stating that they are his relatives. There is no act of sexual assault alleged against this petitioner. As chargesheet is filed petitioner is not required for custodial interrogation. With this he prayed to allow the petition.
Per contra, learned HCGP would contend that chargesheet material show prima facie case against this petitioner for offence alleged against him. With this he prayed to reject the petition.
As per the case of the prosecution petitioner has helped accused No. 1 in getting accommodation in the house of C.W.4 when he brought the victim girl with him seeking shelter stating that they are his relatives. There is no allegation against this petitioner of committing any sexual assault on the victim girl. Said allegation is against accused No.1. The allegation against this petitioner is that he abetted and helped accused No. 1 in getting accommodation. Petitioner is in judicial custody since 17.10.2025 and as chargesheet is filed he is not required for further custodial interrogation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner.
Considering the above aspects, petitioner has made out case for grant of bail with conditions.
In the result, the following
ORDER
Petition is allowed. Petitioner is granted bail in Crime No. 277/2025 of Honehonnur Police Station subject to following conditions:
I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to satisfaction of jurisdictional Court.
II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly.
III. Petitioner shall attend the trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case.