ORAL ORDER

1. The accused in Spl.C.No.956/2023 pending before the Additional District and Sessions Judge, F.T.S.C-III, Bengaluru Rural District, Bengaluru arising out of Crime No.55/2023 registered by Bannerghatta Police Station, Bengaluru for the offences punishable under Section 376 of the Indian Penal Code, 1860, Sections 4(1), 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 is before this Court under Section 439 of Cr.P.C.

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2 though served in the matter has remained unrepresented before this Court.

3. F.I.R in Crime No.55/2023 was registered by Bannerghatta Police Station, Bengaluru against the petitioner herein, initially for the offence punishable under Section 363 of IPC on the basis of the first information dated 20.03.2023 received from respondent No.2 who is mother of the victim girl.

4. During the course of investigation of the case, the petitioner herein was arrested on 30.05.2023 and remanded to judicial custody. Investigation in the case is completed and the charge sheet has been filed against him for the aforesaid offences. The bail application filed by the petitioner before the Trial Court in Crl.Misc.No.940/2024 was rejected on 08.05.2024. Therefore, the petitioner is before this Court.

5. Learned counsel for the petitioner submits that the victim and her parents have been examined before the Trial Court as PWs.1 to 3. A perusal of their deposition would got to show that they have not supported the charge sheet allegations. He also submits that the material on record would go to show that the petitioner and the victim girl were in love and since the parents opposed their relationship, a case was registered against the petitioner. He submits that since the material charge sheet witnesses have been examined, there cannot be any apprehension that the petitioner is likely to tamper with the material charge sheet witnesses.

6. Per contra, learned High Court Government Pleader has opposed the petition on the ground that the victim girl was a minor as on the date of the incident. Therefore, the alleged offences get attracted against the petitioner.

Therefore, she prays to dismiss the petition.

7. F.I.R was registered in Crime No.55/2023 against the petitioner initially for the offence under Section 363 of IPC. The victim girl who had gone for work to the Garments company along with her mother on 20.03.2023 had not returned home on the said day. Therefore, respondent No.2 who is mother of the victim girl has subsequently approached the police and submitted the first information. During the course of investigation, the petitioner was arrested on 30.05.2023 and ever since then, he is in judicial custody. The victim girl and her parents have been examined before the Trial Court as PWs.1 to 3. Perusal of their deposition would prima facie goes to show that the petitioner and the victim girl are in love and parents of the victim girl were opposing the said relationship. The victim girl had not co-operated for her medical examination. The material on record would go to show that as per the Aadhar card of the victim girl her date of birth is 19.10.2006 and therefore, as on the date of F.I.R, she had completed her 18 years of age. As rightly contended by the learned counsel for the petitioner, since PWs.1 to 3 have been examined before the Trial Court, there cannot be any apprehension that the petitioner is likely to tamper with the prosecution witnesses.

8. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits/demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively, subject to following conditions.

9. Accordingly, the following:

ORDER

The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.55/2023 of Bannerghatta Police Station register