Heard Sri Santosh Patil, learned counsel for the

petitioner and Smt. Maya T.R., learned High Court

Government Pleader for respondent No.1.

2.

The present petition is filed under Section

439 of Cr.P.C., with the following prayer:

“Therefore, it is prayed to the Hon'ble

court to release the petitioner on bail in

Crime

No.140/2022

of

Jewargi

Police

Station, Dist.Kalaburagi in Spl.Case POCSO

No.70/2022, pending on the file of Addl.

3

Dist. & Sessions Judge FTSC-I Special

Court for POCSO Cases at Kalaburagi, for

the

offences

punishable

U/Sec:

363,

376(2)(N), 342, 504, 506 R/w Sec. 34 of

I.P.C and U/Sec.4, 6, 17 of POCSO Act, in

the interest of justice.”

3.

Brief facts which are necessary for disposal

of the present petition are as under:

Upon the complaint lodged by the victim girl,

Jewargi Police registered a case in Crime No.140/2022

on 06.06.2022 for the offences punishable under

Sections 363, 376(2)(n) r/w Section 34 of IPC and

Sections 4 and 6 of the Protection of Children from

Sexual Offences Act, 2012, (for short, hereinafter

referred to as ‘POCSO Act’).

4.

After detailed investigation, the police have

filed chargesheet for the offences punishable under

Sections 363, 376(2)(n), 342, 504, 506 r/w Section

4

34 of IPC and Sections 4, 6 and 17 of the POCSO Act.

The allegation against the present petitioner in the

chargesheet is for the offences punishable under

Sections 363, 504 r/w Section 34 of IPC and Section

17 of the POCSO Act.

5.

The effort made by the petitioner to seek

grant of bail is turned down by the learned Special

Judge and thereafter, the petitioner is before this

Court.

6.

According to the chargesheet materials, the

present petitioner has given his helping hand to

accused No.1.

7.

Prima facie allegation against the petitioner

is that he has abetted the offences said to have been

committed by accused No.1. The petitioner is in

custody since 24.06.2022 and therefore, learned

counsel for the petitioner reiterating the grounds

5

urged in the bail petition submits that custodial trial

insofar as the present petitioner is unnecessary and

therefore, sought for grant of bail.

8.

Per contra, learned High Court Government

Pleader for respondent No.1 opposes the bail petition.

It is contended that there are prima facie materials

against the present petitioner also and release of the

petitioner may be taken advantage by the other

accused persons and therefore, sought for dismissal of

the bail petition.

9.

This Court perused the material on record

meticulously in view of the rival contentions of the

parties.

10.

On such perusal, it is seen that the

allegation against accused Nos.3 and 4 is that they

told accused Nos.1 and 2 that come what may they

are there to help them and therefore, the victim girl

6

has to be abducted. Therefore, accused No.3 helped

accused No.1 in kidnapping the victim girl.

11.

It is found from the records that the victim

girl is aged more than 17 years on the date of the

incident. The material on record would go to show

that it is accused No.1 who has actually committed

forcible sexual intercourse with the victim girl and the

other accused persons have given their helping hands

to accused No.1.

12.

Insofar

as

the

present

petitioner

is

concerned, custodial trial is unnecessary in view of the

fact that the chargesheet is filed. Continuation of the

petitioner in the judicial custody is no longer

warranted.

13.

The

apprehension

expressed

by

the

prosecution and the victim girl can be met with by

7

imposing suitable and stringent conditions on the

accused/petitioner.

14.

Further, grant of bail to the petitioner shall

not ipso facto act as a parity for the other accused

persons.

15.

Accordingly, following order is passed:

ORDER

The criminal petition is allowed.

The petitioner/accused No.3 is ordered to be

released on bail in respect of Crime No.140/2022 of

Jewargi Police Station for the aforesaid offences,

subject to following conditions:

Petitioner/accused shall execute a

personal

bond

for

a

sum

of

Rs.1,00,000/-

(R