Respondent No.2 served and unrepresented.

This petition is filed by the petitioner/accused

under Section 439 of Cr.P.C., for granting bail in Crime

No.35/2021

registered

by

Women

Police,

Chikkaballapura for the offences punishable under

Sections 376(2)(k), 376(2)(m), 376(2)(o) of Indian

Penal Code and under Sections 5(J)(ii), 5(K), 5(L), 6 of

Protection of Children from Sexual Offences Act, 2012.

2.

Heard the learned counsel for the petitioner

and the learned High Court Government Pleader for the

respondent-State.

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3.

The case of the prosecution is that on a

complaint filed by respondent No.2-Lakshmamma, the

police registered the case on 28.4.2021. Where it is

alleged that her daughter, aged 17 years, was omitting

and she was taken to the hospital for a medical

checkup, there it was found that the victim was

pregnant. On questioning, the victim revealed the

name of the petitioner/accused, who owns a petty shop

and used to take the victim to the land and sexually

assault her, causing her to become pregnant. After

registering the case, the police arrested the petitioner

on 28.04.2021 and he remained in custody. His bail

petition was rejected by this Court on earlier occasion

in Crl.P.7172/2021 dated 23.10.2021 with liberty to

approach this Court after receipt of the DNA report.

Hence, he is before this Court.

4.

Upon hearing the arguments of learned

counsel for the petitioner and the learned HCGP and on

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perusal of the records, it shows that the petitioner was

arrested and he is in custody from April 2021 more

than one year six months. The investigation has been

completed and charge sheet has been filed. The

allegation against his that he has committed sexual

harassement on victim girl aged about 17 years. Even

164 of Cr.P.C statement of the victim was recorded

where she categorically stated that this petitioner is

running a petty shop and enticed the victim by

providing food and money and took her to the land and

sexually assaulted her and thereafter she came to

know that she is pregnant while examined by the

doctors and lodged the complaint. There is occular

evidence against the petitioner regarding commission

of offence. However, DNA test report reveals that the

petitioner is not cause for the pregnancy and he is not

a biological father of the fetus.

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Therefore,

considering

the

same

without

expressing any opinion on the merits of the case and

by

imposing

certain

conditions,

if

the

petitioner/accused is granted bail, no prejudice would

be caused to the case of the prosecution. Hence, I pass

the following:

ORDER

The criminal petition is allowed.

The trial Court is directed to release the

petitioner/accused on bail in Crime No.35/2021,

subject to the following conditions:-

i)

Petitioner shall execute personal bond in

a sum of Rs.2,00,000/- (Rupees Two

Lakhs only) with two sureties for likesum

to the satisfaction of the trial Court;

ii)

Petitioner shall not tamper with the

prosecution

witnesses

directly

or

indirectly;

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iii)

Petitioner shall not indulge himself in

similar offences strictly;

iv)

Petitioner shall take the trial without

causing any delay; and

v)

Petitioner shall not leave the jurisdiction

of this Court without prior permission.

If any of the conditions are violated, the

prosecution is at liberty to file an application for

cancellation of bail.

Sd/-

JUDGE

hdk