Bail may be granted when the victim turns hostile and the accused has no criminal antecedents, emphasizing the need for substantial evidence to deny bail.

1. Accused in Spl.SC.No.23/2023 pending before the Court of Addl. Sessions Judge, FTSC-I (POCSO), Chikkaballapura, arising out of Crime No.617/2022 registered by Bagepalli Police Station, for the offences punishable under Sections 363 , 376(3) IPC and Section 6 of the Protection of Children of Sexual Offences Act, 2012, is before this Court under Section 439 of Cr.PC.

2. Heard the learned Counsel for the parties.

3. Learned Counsel for the petitioner submits that the petitioner had earlier approached this Court in Crl.P.No.5507/2023 and the said petition was dismissed as withdrawn with liberty to the petitioner to approach this Court afresh after completion of examination of the victim girl before the Trial Court. He submits that the victim girl has been examined before the Trial Court as PW-1 and she has completely turned hostile to the case of the prosecution.

Petitioner is in custody for the last more than one year, and accordingly, she prays to allow the petition.

4. Per contra, learned HCGP has opposed the petition.

However, she does not dispute that PW-1 has turned hostile to the case of the prosecution.

5. FIR in Crime No.617/2022 was registered by Bagepalli Police Station initially for the offence punishable under Section 363 IPC on the basis of the first information received from respondent herein alleging that her minor daughter was found missing on 28.12.2022. The first informant's minor daughter who had gone to the school on 28.12.2022 had not returned home. The first informant suspected the hand of the petitioner. Subsequently, the petitioner and the victim girl were traced together and brought back. Investigation was completed and charge sheet is filed against the petitioner for the aforesaid offences.

6. The victim girl has been examined before the Trial Court as PW-1. She has stated that since her mother was abusing and assaulting her, she had left the house and it is in this background, her parents had approached the police and lodged the first information. She has not made any allegation against the petitioner herein. She has denied her statement made before the police and also the statement made under Section 164 Cr.PC before the jurisdictional Magistrate. The victim girl was treated as hostile witness by the prosecution and she has been cross-examined in detail, but nothing has been elicited from her mouth. Petitioner is an youngster and he is in custody for more than a year. He has no criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the petitioner seeking regular bail is required to be answered affirmatively. Accordingly, the following order:

7. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.SC.No.23/2023 pending before the Court of Addl.

Sessions Judge, FTSC-I (POCSO), Chikkaballapura, arising out of Crime No.617/2022 registered by Bagepalli Police Station, for the offences punishable under Sections 363 , 376(3) IPC and Section 6 of the Protection of Children of Sexual Offences Act, 2012, subject to the following conditions:

a) Petitioner shall execute 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 appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.