This petition is filed by the petitioner/Accused No.2

under Section 439 of Cr.P.C. seeking regular bail in

Crime

No.43/2022

(Spl.

Case

No.225/2022)

of

Holenarasipura Town Police Station, initially registered

for the offence punishable under Section 363 of IPC

which has culminated in submission of charge sheet for

the offence punishable under Sections 363, 376 and 114

read with Section 34 of IPC and Sections 4 and 17 of

Protection of Children from Sexual Offences Act, 2012

(for short 8POCSO Act9), pending on the file of Additional

District and Sessions Judge, FTSC-I, Hassan.

3

The brief factual matrix leading to the case

are that the victim is the second daughter of the

complainant and studying II PUC. She was in love with

accused No.1 and the present petitioner is the friend of

accused No.1. However, both of them belong to different

caste and as such the mother of the victim i.e., the

complainant was against their marriage. It is further

alleged that on 22.03.2022 when the victim was in the

house the accused No.1 came there along with the

present petitioner and they eloped on a two wheeler.

When the complainant returned around about 4.30 p.m.

she found that her daughter was not in the house and

lodged a missing complaint. Subsequently, it is noticed

that present petitioner along with the victim and

accused No.1 stayed in the house of sister of accused

No.1 wherein accused No.1 and the victim had sexual

relationship. The victim after having knowledge of

missing complaint lodged by her mother returned. Then

the police have also secured accused No.1 and present

4

petitioner and apprehended them. The petitioner was

produced before the Spl. Court and was remanded to

judicial custody. He has moved the regular bail petition

before the learned Spl. Judge and his bail petition came

to be rejected. Hence, he is before this Court.

3.

Heard the arguments advanced by the

learned counsel for the petitioner and learned High

Court

Government

Pleader

for

respondent-State.

Perused the records.

4.

The allegations of the prosecution does

disclose that the present petitioner was charge sheeted

for the offence punishable under Section 114 of IPC and

Section 17 of the POCSO Act. The allegations against

him are that he had assisted and abetted the accused

No.1 in kidnapping the minor victim from the custody of

the minor guardian and he was equally responsible for

sexual assault committed by accused No.1 on the victim.

However, the records disclose that the present petitioner

5

was only a rider of the motor cycle on which deceased

and victim have travelled. No other specific overt-act is

attributed to him. He is in custody since 26.03.2022. No

doubt under Section 17 of the POCSO Act he is also

equally responsible for the act alleged against the

accused No.1 for the offence under POCSO Act. But

however, he is only travelled with them and he stayed in

the same house, but in a different room. No sexual

assault is alleged against the present petitioner. He is

friend of accused No.1 and it appears that he has aided

the love affair between them, but it is only because of

the adolescence age. Investigation is concluded and

charge sheet is already laid down. The present petitioner

is in custody since 26.03.2022 and his custodial

interrogation is no more required by the investigating

agency.

5.

Under these circumstances, I do not find any

impediment for admitting the petitioner on bail and the

6

other apprehensions raised by the learned HCGP can be

meted out by imposing certain conditions. Hence, the

petition needs to be allowed and accordingly, I proceed

to pass the following:

ORDER

The

petition

is

allowed.

The

petitioner/Accused

No.2

is

directed

to

be

enlarged on bail in Crime No.43/2022 (Spl. Case

No.225/2022) of Holenarasipura Town Police

Station, registered for the offence punishable

under Sections 363, 376 and 114 read with

Section 34 of IPC and Sections 4 and 17 of

Protection of Children from Sexual Offences Act,

2012 (for short 8POCSO Act9), pendi