The accused was granted bail based on the absence of prior criminal records, the completing of investigation, and the minor's refusal for medical examination, highlighting the need to weigh individual liberty against public safety concerns.

ORDER :

S. Vishwajith Shetty, J.

1. Accused in Crime No.41/2025 registered by Bharathi Nagar Police Station, Bengaluru, for the offences punishable under Sections 137 (2) and 64 of BNS , 2023 and Section 4 of the POCSO Act, 2012, is before this Court under Section 4 83 of BNS S, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.41/2025 was registered against unknown persons by Bharathi Nagar Police Station, Bengaluru, initially for the offence punishable under Section 137 (2) of BNS , 2023, based on the first information dated 01.05.2025 received from respondent No.2, who is the grand mother of the victim girl aged about 17 years 4 months. During the course of investigation of the case, petitioner herein was arrested on 05.05.2025. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.4439/2025 was rejected on 11.06.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner and the victim girl are in love. She has not cooperated for her medical examination. Petitioner who has no other criminal antecedents is in custody from 05.05.2025. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP has opposed the petition on the ground that victim girl is a minor. Learned counsel for respondent No.2 however submits that he has no objection for granting bail to the petitioner.

6. First information is submitted by the grand mother of the victim girl, who was aged about 17 years 4 months as on the date of registration of FIR, alleging that her grand daughter, who had gone out to medical store on 30.04.2025 had not returned home. Efforts made to trace her had failed and therefore, on the next date she had approached the police. During the course of investigation, petitioner and the victim girl were traced. Petitioner was arrested on 05.05.2025 and subsequently, remanded to judicial custody. Though the victim girl was produced before the medical officer for her medical examination, material on record would go to show that victim girl had refused for her medical examination. The material on record would go to show that petitioner and the victim girl are acquainted to each other and they were also loving each other. After coming to know about the same, mother of the victim girl had abused her and thereafter the victim girl had left her house on 30.04.2025 and traveled with the petitioner to Mysuru and stayed in his friend's house for a period of three days. Subsequently, police came to the said house and had brought back the victim girl to Bengaluru. Petitioner aged about 24 years having no criminal antecedents is in custody from 05.05.2025. Investigation in the case is completed and charge sheet has been filed. The allegations against the petitioner in the charge sheet is required to be proved in a full fledged trial. Considering the aforesaid aspects of the matter, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-

7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.41/2025 registered by Bharathi Nagar Police Station, Bengaluru, for the offences punishable under Sections 137 (2) and 64 of BNS , 2023 and Section 4 of the POCSO Act, 2012, subject to the following conditions:

a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appe