ORDER

Petitioner / accused No.5 is before this Court under Section 439 of Cr.P.C. praying to enlarge him on bail in Spl.C.(POCSO)No.92/2023 pending on the file of Special II Additional District and Sessions judge, Chitradurga.

2. Heard both the sides and perused the material on record.

3. Charge sheet is filed against accused Nos.1 to 7 in connection with Crime No.269/2022 of Bharamasagara Police Station, Chitradurga, for the offence punishable under Section 363, 376(2)(n) of IPC and Section 4(1), 5(L), 6(1), 8, 12, 17 of the POCSO Act, 2012.

4. The main allegation of committing sexual assault on a minor victim-C.W-2 is against accused No.1. The rest of the accused are alleged to have abetted the offence and therefore, Section 17 of the POCSO Act, 2012 has been invoked against them. Petitioner arraigned as accused No.5 was granted anticipatory bail in Crl.Misc.No.417/2023 vide order dated 30.05.2023. He remained absent continuously despite issuance of NBW and thereafter, proclamation was issued. After his arrest and production before the Court he was remanded to judicial custody. His bail application has been rejected by the learned Sessions Judge, holding that he has evaded the process of law after obtaining anticipatory bail which is a gross abuse and misuse of law.

5. The petitioner is in judicial custody since

02.09.2023. It is submitted that the victim and other material witnesses have been examined and they have not supported the prosecution case. All other accused are on bail. It is submitted by the learned counsel for petitioner that the petitioner could not arrange surety before. Now he has undertaken to furnish adequate surety to ensure his regular presence before the Trial Court. Considering the facts, an opportunity can be given to the petitioner. Hence, the following:

ORDER

i) Petition is allowed.

ii) Petitioner / accused No.5 in Spl.C.(POCSO)No.92/2023 pending on the file of the Special II Additional District and Session Judge, Chitradurga, shall be enlarged on bail subject to following conditions.

a) He shall execute a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.

b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address.

c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge.

d) He shall not tamper with the prosecution witnesses either directly or indirectly.

e) He shall appear before the trial Court on all dates of hearing without fail.

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