ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of regular bail in Crime no.246/2024 by Old Hubballi Police Station for offences punishable under Section 79 read with 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and Section 12 of Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO’), by accused no.2 (petitioner).

2. Sri Naveed Ahmed, learned counsel for petitioner submitted as per prosecution, a complaint was filed by Chandru Koppad (complainant), stated that when his minor daughter (victim) was returning home from school at about 5:30 p.m. on 14.11.2024 near Karnataka One Centre at Sharavathinagar, Hubballi, about three to four persons unknown to her, began following on Dio two wheeler by teasing her and asking for her number by hand signs. When she ignored them and proceeded, they followed her, pulled her hand, despite knowing that she was minor. When she informed same to complainant, he went to spot and verified from CC Camera about incident that it was recorded. On enquiry about perpetrators, she was informed names of accused no.1 and 2 and two others. Based on same, he lodged complaint. Same was registered as Crime no.246/2024 by Old Hubballi Police Station for offences punishable under Section 79 read with 3 (5) of BNS and Section

12 of POCSO.

3. Based on complaint, petitioner was arrested on

15.11.2024. It was submitted, petitioner 20 years of age and working with cable operator. Though innocent, he was falsely implicated. It was submitted, petitioner was merely pillion rider on two wheeler. It was specifically submitted, as per complainant, incident occurred at 5:30 p.m. on 14.11.2024. But, complaint was filed at 1:00 p.m. on 15.11.2024, giving sufficient scope for afterthought. Besides, there were no specific overt acts alleged against him. It was submitted, there were no criminal antecedents and he was only bread earner of his family. It was submitted, if petitioner was not granted bail, in his young age, he would likely mix with hardened criminals in jail, which would spoil his life. On above grounds, sought for allowing bail application.

4. On other hand, Sri Jairam Siddi, learned HCGP for respondent no.1 - State opposed petition. It was submitted, allegations in complaint that accused knowing fully that victim was a minor girl had indulged in teasing, following and touching her inappropriately which would constitute sexual harassment under Section 11 punishable under Section 12 of POCSO. It was submitted, during investigation, age of victim was ascertained to be only 14 years 10 months. And since, matter was still under investigation and others involved are required to be traced, it would not be appropriate to enlarge petitioner on bail. It was also likely that petitioner would repeat offence or threaten witnesses or hamper investigation. Hence, prayed for rejection of petition.

5. Despite being served with notice, there is no representation of respondent no.2 – complainant.

6. Heard learned counsel.

7. From above, point that arises for consideration is:

“Whether petitioner is entitled for regular bail with conditions?”

8. From above, it is seen that this petition is by accused no.2 in Crime no.246/2024 by Old Hubballi Police Station for offences punishable under Section 79 read with 3 (5) of BNS and Section 12 of POCSO, whereunder, petitioner was arrested on 15.11.2024.

9. Prosecution case is based on complaint by father of victim that on 14.11.2024 at about 5:30 p.m., when victim his minor daughter was returning home from school, near Karnataka One Centre, Sharavathinagar, accused with others committed offence of sexual harassment and outraging modesty of victim by teasing her, following her and pulling her hand etc., knowing that she was minor. Complainant further stated that incident was recorded in CC Camera, based on which he enquired and found involvement of acc