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Judgment
V Srishananda, J
Heard Sri Mohammed Akhil Nazeer, learned counsel for the petitioners and Sri B. Lakshman, learned High Court Government Pleader for the respondent No.1/State.
Petition under Section 439 of Cr.P.C., with the following prayer:
“Wherefore, the petitioners most respectfully pray that this Hon’ble Court may kindly allow this petition and thereby pleased to grant regular bail directing the respondent police to release them on bail in the Spl.C.C.No.80/2022 arose out of Crime No.0067/2021 of the Chamarajanagar Women Police Station pending on the file of the Additional District and Sessions Judge and FTSC-1, Chamarajanagar and Special Judge for POCSO case, Chamarajanagar under Section 354, 354(D), 504 and 506 r/w Section 34 of IPC 1860 r/w Section 8 and 12 of the Protection of Children from Sexual Offence Act, 2012, in the interest of justice.”
It is a successive bail application filed by petitioner. Earlier requesting the bail under Section 438 Cr.P.C., was rejected by this Court and thereafter petitioners appeared before the trial Court and they are facing the trial.
Before the Trial Court, complainant and victim have been examined on behalf of prosecution and they have not supported the case of the prosecution. Accused is charge sheeted for the offences punishable under Sections 354, 354 (D), 504 and 506 r/w Section 34 of IPC and Section 8 and 12 of Prevention of Children from Sexual Offence Act, 2012.
Taking note of the fact that the complainant and victim girl have not supported the case of the prosecution and despite treating them as hostile witnesses, no useful material is elicited in such cross-examination, continuation of the accused in Judicial Custody is no longer warranted.
The other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions.
Accordingly, following order is passed:
ORDER
(1) The criminal petition is allowed.
(2) The Petitioner shall be enlarged on bail in Crime No.0067/2021 of the Chamarajanagar Women Police Station on executing a personal bond in a sum of Rs.1,00,000/- [Rupees one lakh only] with two sureties for the likesum to the satisfaction of the learned Trial Judge.
(3) The petitioner shall not directly or indirectly tamper the remaining prosecution witnesses or hamper the investigation process in any manner.
(4) Petitioner shall not leave the jurisdiction of Chamarajanagara District without prior permission.
(5) Petitioner shall attend the Court regularly.
(6) The petitioner shall not indulge in similar offences.
Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail.