ORDER

The petitioner / accused has preferred this petition under Section 439 of Cr.P.C. praying to enlarge him on bail in Spl.C.No.257/2023 pending on the file of the Court of Additional District and Sessions Judge, FTSC-II(POCSO), at Shivamogga.

2. The charge sheet is filed against the petitioner for the offence punishable under Section 6 of the POCSO Act and Section 376(2)(n), 305 and 450 of IPC.

3. Heard the learned counsel for petitioner, the learned High Court Government Pleader and perused the material on record.

4. Respondent No.2 / defacto complainant has been served but unrepresented.

5. Brief facts: The complainant's daughter aged about 17 years committed suicide by hanging on 05.02.2023 at about 06:00 p.m. In this connection, UDR No.08/2023 under Section 174 of Cr.P.C was registered. On 07.06.2023 the victim's mother lodged a complaint at Doddapete Police Station alleging that the petitioner has a role in her daughter committing suicide as it was revealed from the investigation that the victim was subjected to sexual assault.

6. It is the case of the prosecution that the victim and accused were close to each other and in the month of December, when the accused had visited the house of the victim, he committed forcible sexual intercourse with her with a promise of marriage and later abetted her to commit suicide.

7. A perusal of the complaint lodged by victim's mother would reveal that, before committing sucide, the victim had written on her left hand that she herself is responsible for her death. The incident has taken place on 05.02.2023. It appears that on the basis of the medical report, wherein it is suggested that the victim was subjected to sexual intercourse, victim's mother lodged a complaint after 4 months, on the basis of which the Doddapete Police registered a case against the petitioner in Crime No.174/2023 for the offence punishable under Section 376 and 306 of IPC and Section 6 of the POCSO Act, 2012.

8. As per post-mortem report death was due to asphyxia as a result of hanging. The learned High Court Government Pleader has contended that as per FSL report seminal stains are found in the private part of the victim. He has further contended that as per the statement of CW-4, the accused was avoiding the victim and therefore there are prima-facie materials to establish that due to the act and abetment by the accused, victim has committed suicide.

9. The learned counsel for petitioner has relied on the FSL report, as per which the DNA profile results of the accused, sample blood sent is not matching with the DNA profile results of high vaginal swab.

10. At this stage it cannot be said that the accused has intentionally aided or abetted the victim to commit suicide, which is a matter to be established by the prosecution during trial.

11. Accused is a young boy aged about 21 years and he is said to be a student. He is in judicial custody since 07.06.2023. Investigation is completed and charge sheet is filed. There are no criminal antecedents against him. Hence, by imposing necessary conditions, he can be admitted to bail. Accordingly, the following:

ORDER

i) Petition is allowed.

ii) Petitioner / accused in Crime No.174/2023 of Doddapete Police Station, pending in Spl.C.No.257/2023 on the file of the Court of Additional District and Sessions Judge, FTSC-II(POCSO), at Shivamogga 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 change in the address.

c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned Trial 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, unless exempted from th