The court may grant bail for offences under IPC and POCSO Act, considering completed investigation, nature of injuries, and prolonged custody, imposing specific conditions to ensure no prejudice to the prosecution's case.

JUDGMENT/ORDER

K. Natarajan, J. - This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., for granting bail in Crime No.63/2021 registered by Chamrajanagar Police Station for the offences punishable under Sections 354, 354(D), 323, 324, 504 of Indian Penal Code and Sections 8, 12 and 18 of the POCSO Act 2012.

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

3. The case of the prosecution is that on complaint of one Keshavamurthy, filed a complaint to the police on 13.11.2021, alleging that his daughter aged about 17 years went to attend the natures call at 9.00 a.m. Thereafter, complainant's sister came and informed that the accused trying to molest victim by holding her hand and trying to hug her. Therefore, the complainant, his wife and others went to the house of accused and questioned the same. At that time, accused assaulted the wife of the complainant on her right hand with sickle and caused injuries. Thereafter, he was got red-handed and handed over to the police. After registering the case, the police arrested the petitioner on the same day. The petitioner has approached the Sessions Court for grant of bail, which came to be rejected. Hence, he is before this Court.

4. Upon hearing the arguments of learned counsel for the petitioner and the learned HCGP and on perusal of the records, it shows that The petitioner said to be dragged the victim by holding her hand and tried to hug her. Therefore, she has bitten his hand and escaped from the accused and went to her aunt's house and inturn her aunt came and informed the complainant. Thereafter, complainant and others went to the house of the accused for questioning the same. At that time, he assaulted the complainant's wife on her right hand with sickle and caused injuries. The injuries are simple in nature. Investigation has been completed and charge sheet has been filed long back. The accused is in custody almost more than ten months. The presence of the petitioner may not require except at trial. Therefore, considering the facts and circumstances, and by imposing certain conditions, if the petitioner/accused is granted bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:

ORDER

5. The criminal petition is allowed. The trial Court is directed to release the petitioner/accused on bail in Crime No.63/021, subject to the following conditions:-

i) Petitioner shall execute personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum to the satisfaction of the trial Court;

ii) Petitioner shall not tamper with the prosecution witnesses directly or indirectly;

iii) Petitioner shall not indulge himself in similar offences strictly;

iv) Petitioner shall take the trial without causing any delay; and

v) Petitioner shall not leave the jurisdiction of this Court without prior permission.

6. If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.