Rahil Pasha Vs State of Karnataka by — Child Sexual Offences (POCSO) | Karnataka HC (2025)

Rahil Pasha Vs State of Karnataka by — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner (Accused No.1) in Spl.S.C.No.20/2023 pending before the Additional Sessions Judge FTSC-I (POCSO), Chikkaballapura, subject to conditions including a personal bond of Rs.1,00,000/- with two sureties for the likesum.

Issue for consideration

Whether Accused No.1 (petitioner), charged in Spl.S.C.No.20/2023 (Crime No.196/2022) for offences under Sections 366, 376, 506 of IPC and Sections 4 and 12 of the POCSO Act, 2012, should be enlarged on regular bail under Section 483 of BNSS, 2023.

Court's answer

Taking into account that the petitioner (aged about 23 years, with no criminal antecedents, in custody since 07.02.2023) faces charges under Sections 366, 376, 506 IPC and Sections 4 and 12 of the POCSO Act, and that the victim girl (PW1) and her parents (PW2 and PW3) have completely turned hostile with nothing material or incriminating elicited from them on cross-examination by the public prosecutor, the prayer for grant of regular bail needs to be answered affirmatively.

Ratio / Principle

The petition is allowed and the petitioner is directed to be enlarged on bail in Spl.S.C.No.20/2023 (arising out of Crime No.196/2022, Chintamani Town Police Station, Chickballapura) subject to conditions: execution of a personal bond of Rs.1,00,000/- with two sureties for the likesum; regular appearance before the Trial Court unless exempted for valid reasons; no direct or indirect threat to or tampering with prosecution witnesses; no involvement in similar offences; and no leaving the Trial Court's jurisdiction without its permission until disposal of the case.

Detailed headnote1 paragraphs

Bail - Regular bail under Section 483 of BNSS, 2023 (caption also refers to Section 439 Cr.P.C.) sought by Accused No.1 in Spl.S.C.No.20/2023 (Crime No.196/2022, Chintamani Town Police Station, Chickballapura), pending before the Additional Sessions Judge, FTSC-I (POCSO), Chikkaballapura, for offences under Sections 366, 376 and 506 of IPC and Sections 4 and 12 of the POCSO Act, 2012 - FIR initially registered under Section 363 of IPC on first information dated 25.09.2022 from respondent No.2, father of the victim girl; petitioner arrested on 07.02.2023 and in custody for over two years, with no criminal antecedents; charge sheet filed against two persons; earlier bail application rejected by jurisdictional Sessions Court on 30.09.2024 - During trial, victim girl (PW1) and her parents (PW2, PW3) completely turned hostile and the public prosecutor's cross-examination elicited nothing material or incriminating against the petitioner; counsel for respondent No.2 raised no objection to bail - Petition allowed; petitioner directed to be enlarged on bail subject to execution of a personal bond of Rs.1,00,000/- with two sureties for the likesum, regular attendance before the Trial Court, abstention from threatening or tampering with prosecution witnesses, abstention from similar offences, and restraint from leaving the Trial Court's jurisdiction without permission until disposal of the case.