The court balanced the rights of the accused with the need for judicial custody during ongoing investigations.

ORDER

1. Heard Sri A.N. Radhakrishna, learned counsel for the petitioner and learned High Court Government Pleader, for the first respondent-State.

2. The petitioner, who is before this court has filed an application seeking grant of bail in respect of Crime No.8/2022 registered by the Channammana Achukattu Police Station for the offence punishable under Sections 376(2)(n), 376(3) of IPC and Sections 4,5(J)(11)(L), and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 [hereinafter referred to as 'POCSO Act' for short]. The matter is now pending before the Special Court.

3. The police during investigation, apprehended the petitioner and he has sent to judicial custody on and from 20.01.2022.

4. The complaint averments reveal that a minor girl has been seduced by the petitioner.

5. Learned counsel for the petitioner submits that it is a case of love affair. Be it what it may, the matter is under investigation. In the mean while, learned counsel for the petitioner submits that the petitioner is having annual examination from 15.03.2022 to 31.03.2022 as under:

Therefore, he may be enlarged on bail for the limited period.

6. Per contra, learned High Court Government Pleader opposes the bail petition stating that the investigation is under progress and therefore, passing any order would hamper the investigation.

7. This court perused the materials on record. Irrespective of the merits of the matter, just because, the case is pending against the petitioner herein, which is being investigated in Crime No.8/2022, his future cannot be put to jeopardy. Therefore, necessity has arisen to make suitable arrangement for him to appear for the examinations. Accordingly, following order is passed:

ORDER

The petition is disposed of subject to the following conditions:

(i) The petitioner is permitted to attend the examination on the aforesaid mentioned dates at Viveknanda Degree College, Rajajinagar, Bengaluru.

(ii) The Chief Examiner/Head of the examination centre shall make suitable arrangement for the petitioner to write the examination in a separate room.

(iii) The petitioner shall be permitted to attend the examination centre in proper suitable security person to be deployed by the jail authorities at the cost of the petitioner, who shall accompany the petitioner till the examination centre and after examination is completed, he shall escort him back to the prison on the same day.

However, the