The court's decision was based on the strong prima facie case and the likelihood of the petitioner threatening and tampering with the witnesses, in line with the provisions of the POCSO Act.

JUDGMENT/ORDER

J.M. Khazi, J. - This petition is filed under Section 438 of the Code of Criminal Procedure by the petitioner, who is the sole accused seeking anticipatory bail for the offences punishable under Sections 354A (2) of I.P.C. and Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') contending that he is innocent of the offences alleged. The entire case of the prosecution even accepted at its face value does not disclose the complicity of accused in the alleged crime, which is not punishable with death or life imprisonment for life. Petitioner is being falsely implicated due to political enmity as his sister-in-law contested Gram Panchayat election against the relative of complainant. Petitioner is aged 56 years and suffering from minor paralysis and on medication. He is ready to abide by any conditions that may be imposed.

2. Learned High Court Government Pleader submitted that in response to the notice served through the jurisdictional police, respondent No.2/complainant contacted her and objected for the petition.

2.1 Learned HCGP submitted oral objections contending that as per the complaint averments, at the time of incident prosecutrix was aged 09 years and studying in 3rd standard. On 08.09.2022 at 4.30 p.m. while she was going to fetch milk from the Milk Centre (????? ????), petitioner/accused who is aged 56 years requested her to get milk also for him and took her inside his house and sexually assaulted her. On hearing the cries of the prosecutrix, the neighbours namely Hanamantappa Bhovi, complainant sister Rekha immediately entered the house and reprimanded the petitioner/accused. Based on the complaint, detailed investigation is conducted and charge sheet is filed against the petitioner/accused. If he is released on bail, petitioner/accused may threaten or tamper with the witnesses and thereby defeat the prosecution and prays to reject the petition.

3. Heard the arguments and perused the records.

4. Undisputedly, the prosecutrix is aged 09 years and studying in 3rd standard. The charge sheet reveal that petitioner/accused who is aged 56 years is also resident of the same village. On the date of incident at about 4.30 p.m. while the prosecutrix was going to Milk Centre to fetch milk, under the pretext of requesting her to bring milk for him also, petitioner/accused took her inside the house and sexually assaulted her. On hearing the cries of the prosecutrix, the neighbours rushed into his house and found the prosecutrix on the cot with the petitioner forcing himself on her. They have reprimanded him and took the prosecutrix.

5. In respect of the said incident, the mother of the prosecutrix has lodged the complaint at the earliest available opportunity. The statement of the prosecutrix is also recorded by the jurisdictional Magistrate. After conducting detailed investigation, the Investigating Officer has filed the charge sheet. It makes out a strong prima facie case. Having regard to the specific allegations made against the petitioner/accused and the case is based on circumstantial evidence of the neighbouring witnesses, the likelihood of petitioner/accused threatening and tampering with the witnesses cannot be ruled out. In order to enable the prosecutrix as well as the other witnesses to give evidence without being influenced or threatened by the petitioner/accused, this Court is of the considered opinion that at this stage, petitioner/accused is not entitled for bail. However subsequent to the recording of evidence, he is at liberty to move the trial Court for bail, if so advised, and accordingly, I proceed to pass the following:

ORDER

The Criminal petition is rejected.