Exercise of discretion in favor of the petitioner based on completion of investigation and the need to prove allegations during the trial.

JUDGMENT

H.P. Sandesh, J. - Heard the petitioner counsel and also the learned counsel for the State.

2. This is a successive bail petition filed by the petitioner who is the mother of the victim girl and also this petitioner has filed Criminal Petition No.4906/2022 and this Court vide order dated 14.07.2022 rejected the petition with liberty to approach the Court after filing of the charge-sheet.

3. Now the police have investigated the matter and filed the charge-sheet and the allegation in the complaint is that, when the victim girl was 14 years old in the year 2008, her mother asked her to accompany with a person and be kind to him and also it is an allegation that the said person came and took the complainant to unknown place and subjected her for sexual act and after three years, again, the complainant was sent to Pune and there also she was subjected for sexual act for ten days and she was brought back to the home and in spite of resistance from the complainant, again she was sent to Mumbai in the year 2013-14, there the police have conducted the raid and a case was registered against the petitioner, and the complainant was sent to Vidyaranya Home NGO Institution and having taken note of the history given subjecting the minor girl at the age of 14 years in the year 2008 and subsequently also she was subjected to sexual act at the instance of the petitioner and a belated complaint is filed in the year 2022 i.e. on 23.02.2022 and also it is the contention that some dispute was arisen between the complainant and the petitioner with regard to the property and when the investigation has been completed, it is appropriate to exercise the discretion in favour of the petitioner and the allegation has to be proved during the course of trial.

4. In view of the discussions made above, I pass the following:

ORDER

5. The petition is allowed. Consequently, the petitioner/accused shall be released on bail in connection with Crime No.37/2022 (SC No.1148/2022) of Govindapura Police Station, Bengaluru, registered for the offences punishable under Sections 370 and 506 of IPC, subject to the following conditions:

(i) The petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees two lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner/accused shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner/accused shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner/accused shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.