(BY SRI. SHARAN .L. JAIN., ADVOCATE) v. CR2- SERVED UNREPRESENTED)

(BY SRI. SHARAN .L. JAIN., ADVOCATE) …PETITIONER Location: high court of karnataka AND:

#1. STATE BY WILSON GARDEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 027

#2. SYED NAVEED AHMED, S/O. LATE SYED NISAR AHMED, NO.N/A, 2ND MAIN, 3RD CROSS, AGED ABOUT 50 YEARS, VINAYAK NAGAR, BANGALORE - 560 030. (BY SRI. M. DIVAKAR MADDUR, HCGP FOR R1 CR2- SERVED UNREPRESENTED) …RESPONDENTS THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.252/2023, OFFENCES P/U/S 366, 376(2)(N), 376(3) OF IPC AND SEC. 6, 5(L) OF POCSO ACT, OF WILSONGARDEN P.S., BENGALURU CITY PENDING ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FAST TRACK SESSIONS JUDGE IV BENGALURU IN SPL.C.NO.18/2024. - 2 - NC: 2024:KHC:17626 CRL.P No. 3403 of 2024 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.252/2023 of Wilsongarden Police Station, pending in Spl.C.No.18/2024 on the file of the Additional City Civil and Sessions Judge, Fast Track Sessions Judge IV, Bengaluru registered for the offences punishable under Sections 376(2)(n), 376(3), 366 of the Indian Penal Code (for short 'IPC') and Section 5(L), 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), on the basis of the first information lodged by the informant Sri. Syed Naveed.

#2. Heard Sri. Sharan.L.Jain, learned counsel for the petitioner and Sri. Divakar Maddur.M, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

#3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: - 3 - NC: 2024:KHC:17626 CRL.P No. 3403 of 2024 “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S

#4. The petitioner is the sole accused, alleged to have committed the offences against the minor victim aged about 16 years. Even though the allegations are very serious in nature copy of the statement of the victim under Section 164 of Cr.P.C discloses that the victim has not made any allegation of committing sexual assault on the accused. The medical examination report of the victim issued by Vani Vilas Hospital discloses that the doctor who examined the victim could not find any evidence of recent sexual intercourse. It is stated that the victim left the house on 02.11.2023. She returned back on

06.11.2023 and her medical examination was conducted on

08.11.2023. Looking to these sequences of event, the prosecution case lacks strong prima-facie evidence. However, it is for the prosecution to substantiate its contention during trial. - 4 - NC: 2024:KHC:17626 CRL.P No. 3403 of 2024

#5. The petitioner is said to be aged about 21 years. He was apprehended on 07.11.2023 and since then he is in judicial custody. Admittedly, the investigation is completed and the charge sheet is also filed. Therefore, detention of the petitioner in custody would amount to infringement to his right to life and liberty. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the apprehension expressed by the learned High Court Government Pleader that the petitioner may abscond or may tamper or threaten the prosecution witnesses.

#6. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.252/2023 of Crime No.252/2023 of Wilsongarden Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: - 5 - NC: 2024:KHC:17626 CRL.P No. 3403 of 2024 a). The petitioner shall not commit similar offences. b). The petitioner shall not threaten or tamper with the prosecution witnesses. c). The petitioner shall appear before the Court as and when required. If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail. BH: List No.: 1 Sl No.: 11 Sd/- JUDGE