Petitioner is facing trial in Spl. C.C. No.225/2016 on the file of 54th Additional City Civil and Sessions Judge, Bengaluru City, for the offences punishable under Sections 376 and 354 of I.P.C and Sections 4, 6 and 12 of Protection of Children from Sexual Offences Act, 2012 (POCSO).

2. The allegations against the petitioner are that being the Physical Education Instructor subjected his minor student ‘X’ (for the purpose of confidentiality victim is referred to as ‘X’) to repeated grave penetrative sexual assault. It is alleged that petitioner administering her some sedative laced soft drinks captured her porn photographs and black mailing to circulate the same sexually exploited her.

3. The bail petition of the petitioner on first occasion in Crl.P.No.6850/2016 was dismissed on 22.11.2016 as withdrawn. Second bail petition in Crl.P.No.1327/2017 was dismissed on merits on 18.04.2017.

4. In this third petition, Sri M.T. Nanaiah, learned Senior counsel appearing for Sri M.R.C. Manohar, learned advocate on record seeks bail on the following grounds:

i. The statement of victim girl ‘X’ was not recorded and trial is not concluded as required under Section 35 of POCSO Act;

ii. Victim g