The court considered the nature of the offences, the petitioner's custody duration, and the necessity of his presence for further investigation in granting bail.

JUDGMENT

1. This petition is filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973, for granting regular bail.

2. The respondent-Police arrested the petitioner in Crime No.340/2019 for the offences punishable under Section 354 of the Indian Penal Code, 1860, read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as POCSO Act). The petitioner approached the Special Court for grant of bail, which came to be rejected. Hence, the petitioner is before this Court.

3. On the complaint of the uncle of the victim, namely Anuj Gupta, the Police registered a case in Crime No.340/2019. It is alleged that the petitioner was engaged by the complainant for doing carpentry work in his flat at Seegehalli and the accused-petitioner found his brothers daughter alone in the house, at that time, he hugged the victim girl on 23-12-2019 at 11:00 a.m. On registering the complaint, the police arrested the petitioner and he was sent to judicial custody.

4. Learned counsel for the petitioner has contended that the petitioner is innocent and he has been falsely implicated. The alleged offences though non-bailable, but are not punishable with death or imprisonment for life, he is ready to abide by any conditions and he is in judicial custody from 24-12-2019. Hence, the learned counsel prayed for granting bail.

5. The learned High Court Government Pleader objected the bail petition stating that the offences are heinous one and the accused attempted to sexually assault the victim girl. Therefore, he is not entitled for bail. Hence, he prayed for dismissing the petition.

6. Upon hearing the arguments and perusal of the records, especially the complaint which goes to show that the petitioner has been engaged by the complainant for doing carpentry work in his house and taking advantage of the loneliness of the victim, the petitioner hugged the victim girl. On the basis of the complaint, the petitioner has been arrested by the police. The offences are punishable under Section 354 of the Indian Penal Code, 1860, read with Section 8 of the Protection of Children from Sexual Offences Act, 2012. The petitioner is in custody for more than five months. The presence of the petitioner may not be necessary for further investigation. The offences are not punishable with death or imprisonment for life. Therefore, by imposing certain conditions, if the bail is granted to the petitioner, no prejudice would cause to the prosecution case. Hence, I proceed to pass the following

ORDER

The criminal petition is allowed.

The petitioner-accused is enlarged on bail in Crime No.340/2019 of Kadugodi Police Station, Bengaluru, for the offences punishable under Section 354 of the Indian Penal Code, 1860, read with Section 8 of the POCSO Act, subject to the following conditions:

i) The petitioner shall execute a personal bond in a sum of Rs.25,000/- (Rupees twenty-five thousand only) with one surety for the likesum to the satisfaction of the trial Court and furnishing of the surety for the present is dispensed with. However, the surety shall be furnished as and when directed by the trial Court;

ii) The petitioner shall appear before the trial Court regularly without fail; and

iii) The petitioner shall not tamper with the prosecution witness directly or indirectly.

iv) He shall not indulge in similar offence.