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Judgment
Umesh M Adiga, J
This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in Crime No. 182/2021, registered by the Sindhanur Rural Police for the offences punishable under Sections 305, 354(D), 109, 506 read with Section 34 of IPC and under Sections 8, 12, and 17 of POCSO Act, 2012.
It is alleged against the petitioner that on 31.07.2021 at about 07.45 p.m. complainant lodged a written complaint stating that petitioner was teasing the daughter of complainant i.e. the victim, who was aged about 12 years. Inspite of advice given by the complainant as well as parents of the petitioner, he continued his act of teasing. He was continuously threatening the victim and forcing her to love him. Due to the continuous teasing, ill-treatment and misbehavior, she committed suicide on 31.07.2021. It appears that at the time of incident, petitioner was aged about 17 years and initially, the matter was pending before Juvenile Justice Board, Raichur. Later on considering the age and incident, matter was transferred to Special Court. It appears that petitioner was not regular before the Special Court.
Considering the absence of petitioner before the Trial Court in Special Case (P) No.1116/2021, Records reveal that he was not regular before the trial court in Special Case No.1116/2021. Therefore, notice was issued to surety. The surety could not produce the accused before the court. Hence, NBW was issued. On 06.01.2025, when NBW was executed, he was taken to custody and remanded to judicial custody. On that day, charges were framed and trial was commenced.
Thereafter, petitioner filed a Criminal Miscellaneous No.5027/2025 before the III Additional District and Sessions Judge at Raichur. Learned Sessions Judge after considering both the parties by order dated 12.02.2025 rejected the bail application. Therefore, the present petition is filed.
In the present petition, he contended that to look after his mother, who appears to be residing in Orissa State, he went to Orissa, so, he remained absent before the court. That is not a justifiable ground. The alleged offences are heinous in nature. Considering the age of the petitioner, he was granted bail. Looking to the order sheet of trial court. It appears that he misused the bail and became irregular before the trial court. The matter is of the year 2021. Due to absence of petitioner, the trial court could not proceed with the matter and dispose of the same. Bail is granted with condition that the accused shall be regular before the court and shall not hamper the trial of the case.
Considering the conduct of the petitioner, it appears that it is not a fit case to grant bail. The apprehension of respondent No.2 is sustainable. Therefore, the petition is dismissed.
The services of Amicus Curiae is appreciated. High Court Legal Services Committee, Kalaburagi Bench is directed to pay Rs.5,000/- as honorarium to Amicus Curiae.