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Judgment
Shivashankar Amarannavar, J
This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Crime No.24/2025 of Harohalli Police Station registered for offences under Sections 9(m), 9(n), 9(p), 10, 12 of POCSO Act and Section 75(1) of BNS, pending in Special Case No.61/2025 on the file of I Additional District and Special Judge, Ramanagara.
Heard learned counsel for the petitioner and learned HCGP for Respondent No.1/State. Inspite of service of notice Respondent No.2 remained absent and unrepresented.
Learned counsel for the petitioner would contend that the offence alleged against the petitioner under Sections 10 and 12 of POCSO Act are not punishable either with death or imprisonment for life. The maximum sentence that can be imposed for the offence under Section 10 is 7 years and under Section 12 is 3 years. The petitioner is in judicial custody since 22.01.2025 and as the charge sheet is filed he is not required for further custodial interrogation. CW.4 who came to the spot on hearing the screaming sound of the victim to the house of victim, has not disclosed about the incident to him. The petitioner undertakes to appear before the trial Court on all dates of hearing. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition.
Per contra, learned HCGP would contend that the victim girl is aged 10 years. The petitioner went to her house, pressed her chest and tried to remove her pant and when she screamed, CW.4 came to the spot and accused person ran away. The victim girl is aged 10 years. If the petitioner is granted bail, there are chances of he threatening the victim and other prosecution witnesses. The statement of the victim has been recorded under Section 183 of BNSS, wherein she has specifically stated acts of the petitioner. With this he prayed to reject the petition.
Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record.
As per charge sheet, when CW.2/victim girl was alone in the house along with her younger brother, Ruthik Kumar, aged 3 years, the petitioner/accused came to their house and he held the victim girl, pressed her chest and tried to remove her pant and when she screamed, CW.4 neighbour came there and on seeing him accused ran away from the spot. The victim girl has not disclosed the incident immediately to CW.4, who came to the spot. The statement of the victim girl has been recorded under Section 183 of BNSS. The petitioner has specifically stated the acts of the petitioner. The investigation is over and charge sheet has been filed. The maximum sentence that can be imposed for offences alleged under Section 10 is 7 years and for offence under Section 12 of POCSO is 3 years. The petitioner is in judicial custody since last one year. The petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner.
Considering the above aspect, the petitioner has made out case for grant of bail with conditions. In the result, the following:
ORDER
The petition is allowed. The petitioner is granted bail in Spl.C.No.61/2025 (Crime No.24/2025 of Harohalli Police Station) pending on the file of I Addl.District and Sessions Judge and Special Judge, Ramanagara, subject to following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
(iii) The petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.