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Judgment
V Srishananda, J
The matter pertains to Bengaluru Bench and is taken up at Kalaburagi Bench through video conferencing.
Heard the learned counsel for the petitioner and the learned High Court Government Pleader.
This is the successive bail request filed by the petitioner who is accused in Spl.Case No.782/2022 on the file of the Addl. District and Sessions Judge, FTSC-I, Tumakuru.
Petitioner is accused of the offence punishable under Section 376 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.
According to the learned counsel for the petitioner, positive changed circumstance in favour of the petitioner is that the victim girl has been examined as P.W.1 and she has not supported the case of the prosecution to any extent and as such, continuation of the accused in judicial custody is no longer warranted.
To substantiate the said aspect of the matter, learned counsel for the petitioner has furnished the certified copy of the deposition of the victim girl who is examined as P.W.1 before the Trial Court.
This Court perused the material on record, including the deposition of P.W.1.
On such perusal, it is established that the victim girl has not supported the case of the prosecution to any extent. Therefore, she has been treated as hostile witness by the prosecution with the permission of the Court and victim girl has been cross-examined by the learned public prosecutor by confronting the statement made by her before the Investigating Officer as well as the statement given by her before the Magistrate under Section 164 of the Code of Criminal Procedure.
Even after such confrontation of the statements made by the victim girl on previous occasions, no useful material evidence is elicited by the prosecution so as to advance the case of the prosecution any further.
Under such circumstances, continuation of the petitioner in judicial custody is no longer warranted. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions.
Accordingly, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) Petitioner in Crime No.162/2022 of Huliyaru Police Station, registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act, 2012, pending in Spl.Case No.782/2022 on the file of the Addl. District and Sessions Judge, FTSC-I, Tumakuru, is directed to be enlarged on bail upon executing a bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
(iii) Petitioner shall appear before the trial Court regularly.
(iv) Petitioner shall not tamper with the prosecution witnesses, in any manner.
(v) Petitioner shall not leave the Tumakuru District without prior permission.
(vi) Petitioner shall not repeat similar offences.
Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail.