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Judgment
Accused in Spl.CC.No.2120 of 2025 pending before the Court of Additional City Civil and Sessions Judge and FTSC-I, Bengaluru, arising out of Crime No.239 of 2025 registered by Devarajeevanahalli Police Station, Bengaluru City for the offence of punishable under Section 126(2), 78(2) of BNS, 2023 and Section 12 of POCSO Act, 2012, 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 High Court Government Pleader on behalf of the respondent No.1 / State. Respondent No.2 who is served in the matter, has remained unrepresented before this Court.
FIR in Crime No.239 of 2025 was registered by Devarajeevanahalli Police Station, Bengaluru City for offences punishable under Section 126, 79, 75(2), 78(2) read with Section 3(5) of BNS, 2023 against unknown Auto Driver, based on the first information dated 30.06.2025 received from respondent No.2, who is the mother of the victim girl. During the course of investigation of the said case, the petitioner was arrested on 11.07.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.No.9496 of 2025 was rejected on 18.11.2025. Therefore, he is before this Court.
Allegation as against the petitioner is that, on 30.06.2025 he allegedly tried to talk to the victim girl and thereafter, asked her to remove her clothes. It is under these circumstances, FIR was registered against an unknown auto driver. Investigation of the case is now completed and charge sheet is filed. Petitioner is in custody in the present case from 11.07.2025. It is brought to the notice of this Court that CW1 to CW3 are now examined before Trial Court and according to the learned counsel for the petitioner, they have not supported the case of the prosecution.
Considering the aforesaid aspects of the matter and also the punishment provided for the alleged offences, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:
O R D E R
The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.CC.No.2120 of 2025 pending before the Court of Additional City Civil and Sessions Judge and FTSC-I, Bengaluru, arising out of Crime No.239 of 2025 registered by Devarajeevanahalli Police Station, Bengaluru City for the offence of punishable under Section 126(2), 78(2) of BNS, 2023 and Section 12 of POCSO Act, 2012, subject to the following conditions:
The petitioner shall execute personal bond for a sum of Rs.50,000/- with one surety 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.