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ARAVIND KUMAR, J. K. MAHESHWARI
Santosh Mallur Nagraj @ Santosh – Appellant
Versus
State By Jeevan Bheema Nagar Police Station – Respondent
| Table of Content |
|---|
| 1. petitioner in custody for serious charges. (Para 1) |
| 2. bail granted based on circumstances. (Para 2) |
| 3. special leave petition allowed. (Para 4 , 5) |
ORDER :
1. Against rejection of regular bail by the High Court and to seek bail, the present special leave petition has been filed. The petitioner is in custody w.e.f. 16.01.2024 in connection with FIR No 20 dated 16.01.2024 for the offence punishable under Section 376 of the INDIAN PENAL CODE , 1860 read with Sections 6 , 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 registered with Jeevan Bheemanagar Police Station, Bangalore City Circle.
2. As per order dated 20.12.2024, the petitioner was released on interim bail for a period of three weeks on account of his medical condition. As stated before us, on lapse of that period, the petitioner has surrendered on 16.01.2025. After hearing learned counsel for the parties and in the facts and circumstances of the present case where the investigation has been completed and the trial is yet to commence, subject to final outcome of the case, without expressing any opinion on the merits of the case, we deem it appropriate to release the petitioner on bail on
The court granted bail under the Narcotic Drugs and Psychotropic Substances Act considering prolonged incarceration and trial commencement.
The court considered the period of custody and attending circumstances as grounds for granting bail to the petitioner, without expressing any view on the merits of the case.
The court recognized the distinction between serious and heinous offences under the Juvenile Justice Act, granting interim bail to a juvenile with specific conditions.
Grant of bail is justified in serious offences where the accused has undergone significant pre-trial incarceration and the pace of trial remains slow with several witnesses yet to be examined.
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