The central legal point established in the judgment is the reliance on evidence, including the victim's statement and medical examination reports, to grant bail with stringent conditions in a case involving serious allegations.

1. This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking regular bail in Crime No.206/2016 of Yedrami Police Station (Special Case POCSO No.5/2017 pending on the file of II Addl. District and Sessions Judge, Kalaburagi), registered for the offences punishable under Sections 366(A), 376(2)(n), 109 R/w Section 34 of IPC and also Sections 4 and 6 of the Protection of Children from Sexual Offences Act.

2. Brief facts leading to filing of the complaint are that, the victim is the eldest daughter of the complainant, who is pursuing her studies in 10th standard in the Urdu School at Jewargi. It is further alleged that, the complainant’s daughter used to complain about the petitioner stating that, he is always behind her, stating that, he loves her and wants to marry her. In this context, he has been advised by the complainant and he did not change his behavior. It is further alleged that on 02.11.2016, the victim left the house at about 10.30 a.m. by stating that, she will go to her school and even after 6.00 p.m. she did not return to the house. The family members searched for the victim girl, but they did not trace her. As such, the complaint came to be lodged on 06.11.2016. Thereafter, the police apprehended the accused and the victim and at that time the victim told that, when she was going to the school on 02.11.2016, accused Nos.1 and 2 and his friends came in a Tavera vehicle and took her forcibly into the said jeep and thereafter they took her to Chatra village and there they left her and accused No.1. There, accused No.1 and herself lived in a room and there the accused sexually assaulted her. On the basis of the said statement, the petitioner was apprehended and now he is in judicial custody.

3. I have heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor appearing for respondent-State.

4. The main grounds urged by the learned counsel for the petitioner are that, the petitioner is innocent and he has not abducted the victim girl. It is also contended that, the statement of the victim clearly goes to show that she herself has voluntarily gone along with the petitioner and there is no sexual assault committed by the petitioner on her. It is further contended that, the medical examination conducted on the victim clearly indicates that, there were no injuries and there is no recent sexual assault on her. It is further contended that the alleged offences are not punishable with death or imprisonment for life and as the victim used to love the petitioner since last two years, she herself has gone along with him. It is further contended that the petitioner has got both movable and immovable properties, therefore there is no chance of he being absconded. It is further contended that, if the petitioner is enlarged on bail, he is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. Further it is contended that, already the charge sheet has been filed and the petitioner is not required for the purpose of further investigation or interrogation. On these grounds, he prays for allowing the petition.

5. Per contra, learned Additional State Public Prosecutor appearing for the respondent-State would contend that the petitioner has eloped the victim girl in a Tavera vehicle along with his friends and thereafter he had sexually assaulted her by confining her in a room. The certificate issued by the doctor clearly indicates that the victim girl is below 18 years and she was pursuing her studies in 10th standard. He would also contend that, there is a prima facie material as against the petitioner/accused. As such, he is not entitled to be released on bail. On these grounds, he prays for dismissal of the petition.

6. I have gone through charge sheet material, which has been made available along with the petition.

7. As could be seen from the statement of the victim recorded by the JMFC Court, Jewargi on 10.11.2016, therein sh