Satish S/O Baburao Waddar Vs the State and Anr.

THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF BNSS (NEW), PRAYING TO ALLOW THE CRIMINAL PETITION FILED BY THE PETITIONER/ ACCUSED U/S 439 CR.P.C. (483 OF BNSS, 2023) AND RELEASE HIM ON BAIL IN CR.NO.37/2024 OF MAHAGAON P.S. NOW PENDING ON THE FILE OF

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ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I (POCSO) KALABURAGI IN SPL. CASE (POCSO) NO.51/2024 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 363, 342, 376(2)(N) OF IPC R/W SECTION 4 AND 6 OF POCSO ACT, 2012.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused in Special Case (POCSO) No.51/2024 pending before the Court of Additional District and Sessions Judge and FTSC-I (POCSO), Kalaburagi, arising out of Crime No.37/2024, registered by Mahagoan Police Station, Kalaburagi, for the offences punishable under Sections 363, 342 and 376(2)(n) of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

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Heard learned counsel for the petitioner and

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learned High Court Government Pleader appearing for

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respondent No.1. Respondent No.2, who is served in the matter, has remained absent before this Court.

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FIR in Crime No.37/2024 was registered by Mahagaon Police Station, Kalaburagi, initially for the offence punishable under Section 366-A of IPC against the petitioner herein on the basis of the first information dated 31.05.2024, received from respondent No.2, who is the mother of the victim girl, aged about 17 years 10 months. During the course of investigation, victim girl and the petitioner were traced. The petitioner, who was arrested on 04.06.2024, was subsequently remanded to judicial custody. The investigation in the case is completed and charge sheet has been filed for the aforesaid offences. The bail application filed by the petitioner before the Court of Additional District and Session Judge and FTSC-I (POCSO), Kalaburagi was rejected on 30.09.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that the petitioner and the victim girl were in love. The victim

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girl has not made any allegation against the petitioner in her statement recorded under Section 164 of Cr.P.C., which would attract the alleged offences. The medical records do not prove the offences alleged against the petitioner. Accordingly, he prays to allow the petition.

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Per contra, learned High Court Government Pleader has opposed the petition. She submits that the victim girl is minor and therefore, the charge sheeted offences get attracted against the petitioner. Accordingly, she prays to dismiss the petition.

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Perusal of the first information submitted by respondent No.2 would go to show that the victim girl was found missing from their house at about 5.00 a.m. on 29.05.2024. The efforts made to trace the victim girl by the first informant and her family members had failed. Since the first informant suspected the petitioner with whom victim girl was closely moving, she had approached the police on 31.05.2024 and submitted the first information, based on which, FIR in Crime No.37/2024

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was registered against the petitioner. During the course of investigation, victim girl and petitioner were traced and petitioner was arrested on 04.06.2024. The investigation in the case is completed and charge sheet has been filed. The statement of the victim girl, who is aged about 17 years 10 months under Section 164 of Cr.P.C. was recorded by the jurisdictional Magistrate. In the said statement, the victim girl has not made any allegation against the petitioner that he had sexually assaulted her. Even the doctor, who has issued the final opinion after medical examination of the victim girl, has stated that there are no signs of recent sexual intercourse found. Undisputedly, petitioner has no other criminal antecedents and he is in custody for the last more than seven months.

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Under the circumstances, I am of the view that petitioner’s prayer for grant of regular bail is required to be answered affirmatively. Accordingly, I proceed to pass the following:

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ORDER

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The petition is allowed.

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The petitioner is directed to be enlarged on bail in Crime No.37/2024 of Mahagaon Police Station, Kalaburagi, registered for the offences punishable under Sections under Sections 363, 342 and 376(2)(n) of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, pending in Special Case (POCSO) No.51/2024 before the Court of Additional District and Sessions Judge and FTSC-I (POCSO), Kalaburagi, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) Petitioner shall not involve in similar offences in future;

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e) Petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/(S.VISHWAJITH SHETTY)

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JUDGE

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SRT List No.: 1 Sl No.: 26 CT:PK

Satish S/O Baburao Waddar v. the State and Anr.

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Satish S/O Baburao Waddar v. the State and Anr.

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