Heard the learned counsel for the petitioner and the

learned HCGP for the State and perused the records.

2. The present petition is filed under Section 439

Cr.P.C. with the following prayer:

<Wherefore,

the

petitioner

[Accused

No.1] prays that this Hon9ble Court may be

pleased to enlarge the petitioner on bail in

Cr.No.248/2021 and Spl.C.No.1778/2021 for

alleged offences punishable under Sections 376

and 506 of IPC and Sections 4 & 6 of the

Protection of Children from Sexual Offences

Act, 2012 registered by the respondent police /

Parappana Agrahara P.S., Bengaluru, now

pending on the file of the Addl. City Civil and

Sessions Judge, FTSC-I, Bengaluru, in the

interest of justice.=

3. A complaint came to be registered by Smt. Lalitha,

the mother of the victim girl with Parappana Agrahara Police

3

Station, Electronic City Sub-Division, Bengaluru City, in Crime

No.248/2021 on 05.09.2021 for offences punishable under

Sections 376 and 506 of IPC and Sections 4 & 6 of the

Protection of Children from Sexual Offences Act, 2012 (for

short 8POCSO Act9).

4. In the complaint, it is stated that the victim girl had

body pain and in that regard, they contacted the petitioner

herein, who in the guise of relieving her body pain, did some

black magic and thereafter he had forcible sexual intercourse

with the victim girl. He also told that the incident should not

be revealed to anybody. However, after 1 ½ months, when

the victim girl complained to her mother that she was having

stomach ache, she was taken to St.John9s Hospital. There, it

was revealed that the victim girl was pregnant of 1 ½

months.

On

account

of

dignity

and

also

to

keep

confidentiality of the incident, the same was not revealed

initially to anybody and later on, the incident was revealed to

the father of the victim girl and thereafter a complaint came

to be lodged with the police.

4

5. During the course of investigation, the petitioner has

been arrested and he has been sent to judicial custody. The

attempt made by the petitioner seeking grant of bail was

turned down by the Special Judge by order dated 15.02.2022

in Crl.Mis.No.994/2022. Thereafter, the petitioner is before

this Court in the present petition urging the following

grounds:

i) that the petitioner has been falsely implicated in the

above case and there is no specific overt-act attributed by the

petitioner;

ii) The victim girl being aged 17 years studying I PUC

having sound mind with general basic knowledge, could not

have allowed the accused to sexually harass her. If at all

accused had really sexually harassed her, there is no reason

forthcoming as to why the victim girl kept quiet without

screaming for help. Hence, the ingredients do not attract

Section 376 IPC;

iii) The complainant9s husband though was working in

police Department, has lodged the complaint after a lapse of

5

two months, which creates serious doubt regarding the

credibility of the complaint;

iv) There is no eye-witness to the incident or there are

no documentary or material evidence produced to prove the

act of sexual intercourse;

v) The petitioner has been falsely implicated in the

crime on the voluntary statements of the victim girl, which is

as per the whims and fancy of the respondent / police.

vi) Further, the petitioner is the only bread-winner of

his family and if he is not released on bail, his dependents

would be put to untold hardship.

vii) petitioner is in judicial custody since from the date

of his arrest and the respondent / police after investigation,

have submitted the charge sheet and hence is no more

required to be further detained for investigation.

Reiterating the above grounds, learned counsel for the

petitioner Shri Suresh M. Charamagol vehemently contended

that the petitioner is innocent of the offences alleged against

him and that he has been falsely implicated in the incident.

In support of his arguments, he has filed a memo along with

6

a copy of the Forensic Science Laboratory Report wherein in

the Vaginal Swab o