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Judgment
Accused in Special Case(P) No.113/2026 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Chikkamagaluru, arising out of Crime No.165/2026 registered by Ajjampura Police Station, Chikkamagaluru, for the offences punishable under Sections 8, 12 and 15(1) of the POCSO Act, 2012 and Sections 137(2) and 351(2) of BNS, 2023, is before this Court in this petition filed under section 483 of BNSS, 2023, seeking regular bail.
Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court.
FIR in Crime No.165/2026 was registered by Ajjampura Police Station, Chikkamagaluru, for the aforesaid offences against the petitioner herein based on the first information dated 24.06.2026 received from respondent No.2, who is the father of the victim girl, aged 17 years 11 months as on the date of registration of FIR. In the said case, petitioner was arrested on 23.07.2026 and remanded to judicial custody. His bail application filed before the Trial Court was rejected and therefore, he is before this Court.
In the first information as well as the charge sheet which is now filed against the petitioner for the aforesaid offences, it is alleged that petitioner was pestering the victim girl on her way to her college to love him and he used to send messages to her mobile phone. On 23.03.2026, petitioner, who had summoned the victim girl to KSRTC bus stand at Kadur had held her hand, kissed her and also touched her body inappropriately. He also allegedly had recorded video of victim girl in his mobile phone and was threatening to circulate the same, if the marriage of the victim girl is not performed with him. It is under these circumstances, FIR was registered against the petitioner. Petitioner aged 29 years having no other criminal antecedents is in custody for the last nearly three months. Investigation of the case is completed. Maximum punishment for the alleged offences is imprisonment for a period of five years. Under the circumstances, the following order:-
The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Special Case(P) No.113/2026 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Chikkamagaluru, arising out of Crime No.165/2026 registered by Ajjampura Police Station, Chikkamagaluru, for the offences punishable under Sections 8, 12 and 15(1) of the POCSO Act, 2012 and Sections 137(2) and 351(2) of BNS, 2023, subject to the following conditions:
Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not involve in similar offences in future;