The presumption of innocence until guilt is proven is crucial in considering bail applications, and the completion of investigation and absence of evidence of potential flight from justice or witness tampering are important factors.

JUDGMENT

Ashok G Nijagannavar, J. - This petition is fi led by the petitioner/ accused under Section 439 of Cr.P.C. seeking bail in Crime No.192/2019 of Kushtagi Police Station for the offence punishable under Sections 363, 376 of I.P.C. and Sections 4 and 6 of POCSO Act, 2012 (Spl.S.C. (POCSO) No.55/2019) .

2. The facts briefly stated in the petition are that on the complaint f i led by father of the victim namely Kanthibasappa, the pol ice have registered the case. The allegations are that on 02.10.2019 complainant's daughter-Shivaleela was not found at home. On enquiry, it was learnt that the accused-Manjappa had kidnapped his daughter at the instigation of his parents. On registering the complaint, the pol ice have conducted the investigation and filed charge sheet for the offences punishable under Section 363, 376 IPC and Section 4 and 6 of POCSO Act. The accused was arrested on 06.10.2019. The bail petition was filed before the Sessions Court was rejected.

3. Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State and perused the records.

4. The learned HCGP has opposed the bail petition orally.

5. The learned counsel for the petitioner inviting attention to the prosecution records and 164 statement of the victim vehemently argued that there was a love affair between the accused and the victim. There are no specific allegations by the victim that she was kidnapped forcibly and raped against her wish. Since the charge sheet has already been fi led the present petitioner is not required for interrogation. He is ready and willing to abide by the conditions that may be imposed by the Court.

6. Per contra, the learned HCGP while acknowledging the factum of filing the charge sheet submitted that, keeping in view of the gravity of the offence allegedly committed by the accused/petitioner, he does not deserve to be enlarged on bail . The victim girl was a minor as on the date of the alleged offence. There is ample evidence to show that the accused has committed rape on minor girl. In the event of granting bail, the accused may cause threat to prosecutrix, her parents and other witnesses.

7. Having regard to the submission of the learned counsel for the petitioner and learned HCGP, charge sheet records, this Court finds that the statement under Section 164 Cr.P.C. of the victim girl was recorded before the Magistrate, wherein she has stated about the love affair and talks held by the elders regarding their marriage. The statement of the prosecutrix and other witnesses goes to show that the victim has voluntarily gone along with the accused and there are no specific allegations by the victim that the petitioner-accused forcibly had sexual intercourse with her.

8. Having perused the statement of the victim, this Court is persuaded to agree with the learned counsel for the petitioner that victim prosecutrix has voluntarily gone along with the accused without there being any pressure or threat. The fact that the victim has gone along with the petitioner to several distant places clearly indicate that there was no threat whatsoever to the victim to accompany the petitioner. It is well settled that till the time the guilt of the person is not proved in accordance with law, he is deemed to be innocent. Admittedly, the charge sheet has been filed, no materials forthcoming to infer that in the event of petitioner being enlarged on bail, he may flee away from justice or tamper the prosecution witnesses. Under these circumstances, there is no valid reason to keep the petitioner behind bars for an indefinite period especially when the investigation is completed.

9. It is well settled principle that the gravity of the offences alleged alone cannot be a ground to reject the bail . In catena of decisions, the Hon'ble Supreme Court has held that the object of the bail is to secure the accused person at his trial. The offences alleged under POCSO Act are punishable with imprisonment for a period of 10 years, but