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Judgment
C M Joshi, J
Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent No.1 – State.
The petitioner is the is accused No.1 in Crime No.187/2023 of Gurumitkal Police Station Dist: Yadgiri, registered for the offences punishable under Sections 363, 376(2) (n) and 376(3) of IPC and under Sections 4 and 6 of the POCSO Act.
The learned counsel appearing for the petitioner submits that pursuant to the filing of the charge-sheet for the above said offences the case was registered in Special Case No.62/2024 by the learned Special Judge. After framing of charges, the evidence of the victim girl, her parents and brother have been recorded by the Trial Court. It is submitted that the material witnesses have not supported the case of the prosecution. There is no threat to the witnesses. Therefore, the petitioner may be granted bail.
The learned High Court Government Pleader appearing for the respondent No.1 – State submits that other witnesses are yet to be examined and therefore there is no substance in the contentions of the learned counsel for the petitioner.
On perusal of the records which are available before this Court, it is evident that initially it was alleged against the accused that while victim girl had been to attend the nature call, she was kidnapped by the accused, she was taken away from her house and she was subjected to sexual intercourse. When the victim girl did not return to the house, her parents had filed the complaint and alleged that the accused and victim girl have gone together. Therefore, the case came to be registered for the above said offences. After the investigation the Investigating Officer had filed the charge-sheet.
It appears that the accused and the victim had eloped, since she had acquainted with accused much prior to the alleged incident. The trial commenced, the victim girl as well as her parents and her brother who are the material witnesses in the case, have deposed and turned hostile. The victim girl had stated that she had not stated truth before the learned Magistrate under Section 164 of Cr.P.C. and it was under the influence of the police.
Under these circumstances, there is no need for further detention of the petitioner in the custody. Hence, the petition deserves to be allowed. Accordingly, the following;
ORDER
i. The Criminal Petition is allowed.
ii. The petitioner – accused No.1 is ordered to be released on bail in Crime No.187/2023 of Gurumitkal Police Station, Dist: Yadgiri, for the offences punishable under Sections 363, 376 (2)(n) and 376(3) of IPC and under Sections 4 and 6 of the POCSO Act, subject to the following conditions:
(a) Petitioner / accused No.1 shall furnish a personal bond for a sum of Rs.75,000/- with one surety for the likesum to the satisfaction of the learned Trial Court.
(b) Petitioner / accused No.1 shall appear before the learned Trial Court on all hearing dates.
(c) Petitioner / accused No.1 shall not tamper the prosecution witnesses directly or indirectly, in whatsoever manner.