The main legal point established in the judgment is the significance of medical evidence in cases involving allegations of sexual offenses, and the court's discretion in granting bail based on the completion of investigation and the circumstances of the case.

JUDGMENT

1. This petition is filed by the petitioner - accused under Section 439 of Cr.P.C for grant of regular bail in Cr.No.4/2022 of Y.N. Hosakote, Police Station, in Spl.S.C.No.113/2022 pending on the file of the Additional District and Sessions Judge, FTSC-1, Tumakuru, for the offences punishable under Sections 12 and 8 of Protection of Children from Sexual Offences Act, 2012, (for short 'POCSO Act') and Sections 511, 504 and 376 of IPC.

2. Heard the learned counsel for the petitioner and the learned HCGP for respondent no.1-State. Respondent no.2 was served, but unrepresented.

3. The case of the prosecution is that on the complaint of respondent no.2 herein mother of the victim girl lodged a complaint to the police on 14.01.2022 alleging that she went to her parents house for delivery of second child and victim girl was her first child aged about 05 years. On 13.01.2022, the victim girl was playing outside their house. After some time, she came out of the house and found her daughter was not there; she went in search of her daughter near the house of the petitioner and called her daughter. At that time, the petitioner came out of his house and on enquiry he stated that her daughter was not in the house. But her daughter came from inside of the house of the petitioner by crying and her pant was removed. On enquiry, her daughter stated that the petitioner assured her that he would give one lamb (baby sheep) to play. On that guise, he attempted to commit rape by removing the pant and scratching her chest and touched the vagina. Thereafter complainant informed same to her husband and elders. A complaint came to be lodged on 14.01.2022 against the accused. The police arrested him on 15.01.2022 and remanded to judicial custody. Accused moved bail application before the Addl. District and Sessions Judge,(FTSC-1) Tumakuru, which came to be dismissed on 26.04.2022. Hence, the petitioner is before this Court.

4. Learned counsel for the petitioner contended that the petitioner is innocent of the alleged offences and the offence punishable under Section 376 of IPC was not made out as per medical records. There is no injury on the private part. He further contended that the petitioner was in judicial custody for more than seven months and the Investigation was completed and charge- sheet has been filed. Hence, prayed for grant of bail.

5. Per contra, learned HCGP seriously objected the bail petition and contended that there is prima facie case made out against the petitioner. It is further contended the petitioner had attempted to commit rape on a minor girl aged about 05 years. If the petitioner is granted bail, he may commit similar offences. Hence, prayed for rejecting the bail petition.

6. Heard learned counsel for the petitioner, learned HCGP and perused the records.

7. Upon considering the arguments and on perusal of the records, it is alleged that when the complainant went to her parents house for delivery of second child. Her first child is aged about 05 years was playing outside their house. After some time complainant came out of the house. Called her daughter and found that she was not there. On searching her, she came near the house of the petitioner and asked him. But the petitioner told the complainant that he did not notice her daughter. At that time her daughter came out the house of petitioner and found that the pant of the victim girl was removed and on enquiry victim girl told that the petitioner scratched on her chest and tried to touch the private part. Subsequently, complaint was lodged against the petitioner.

8. Even statement of the victim girl recorded under Section 164 of Cr.P.C., she has stated that the petitioner had removed her pant and touched her private part and scratched her chest.

9. Medical records reveal that the hymen is intact, no injuries were found except simple injury on the chest of the child. Ingredients of Section 7 and 11 of the POCSO Act attracts sexual assault punishable with imprisonment not les