Heard Sri Santosh Patil, learned counsel for the

petitioner,

Smt.

Maya

T.R.,

learned

High

Court

Government

Pleader

for

respondent

No.1

and

Sri

Sharanagouda

V.

Patil,

learned

counsel

for

respondent No.2.

2.

The present petition is filed under Section

439 of Cr.P.C., with the following prayer:

“Therefore, it is prayed to the Hon'ble

court to release the petitioner on bail in

Crime No.140/2022 of Jewargi Police Station,

3

Kalaburagi in Spl.Case POCSO No.70/2022,

pending on the file of Addl. Dist. & Sessions

Judge FTSC-I Special Court for POCSO Cases

at Kalaburagi, for the offences punishable

U/Sec: 363, 376(2)(N), 342, 504, 506 R/w

Sec. 34 of I.P.C and U/Sec.4, 6, 17 of POCSO

Act, 2012, in the interest of justice.”

3.

Brief facts which are necessary for disposal

of the present petition are as under:

Upon the complaint lodged by the victim girl,

Jewargi Police registered a case in Crime No.140/2022

on 06.06.2022 for the offences punishable under

Sections 363, 376(2)(n) r/w Section 34 of IPC and

Sections 4 and 6 of the Protection of Children from

Sexual Offences Act, 2012, (for short, hereinafter

referred to as ‘POCSO Act’).

4.

After detailed investigation, the police have

filed chargesheet for the offences punishable under

Sections 363, 376(2)(n), 342, 504, 506 r/w Section 34

4

of IPC and Sections 4, 6 and 17 of the POCSO Act. The

allegation

against

the

present

petitioner

in

the

chargesheet is for the offences punishable under

Sections 363, 504 r/w Section 34 of IPC and Section 17

of the POCSO Act.

5.

The effort made by the petitioner to seek

grant of bail is turned down by the learned Special Judge

and thereafter, the petitioner is before this Court.

6.

According to the chargesheet materials, the

present petitioner has given his helping hand by

providing a car bearing registration No.KA-05-ML-5128.

Prima facie allegation against the petitioner is that he

has abetted the offences said to have been committed

by accused No.1. The petitioner is in custody since

24.06.2022 and therefore, learned counsel for the

petitioner reiterating the grounds urged in the bail

petition submits that custodial trial insofar as the

5

present petitioner is unnecessary and therefore, sought

for grant of bail.

7.

Per contra, learned High Court Government

Pleader for respondent No.1 and learned counsel for

respondent No.2 opposes the bail petition. It is

contended that there are prima facie materials against

the present petitioner also and release of the petitioner

may be taken advantage by the other accused persons

and therefore, sought for dismissal of the bail petition.

8.

This Court perused the material on record

meticulously in view of the rival contentions of the

parties.

9.

On such perusal, it is seen that the allegation

against accused Nos.3 and 4 is that they told accused

Nos.1 and 2 that come what may they are there to help

them and therefore, the victim girl has to be abducted.

6

Therefore, accused No.4 has lent his hand in providing

car for kidnap of the victim girl.

10.

It is found from the records that the victim

girl is aged more than 17 years on the date of the

incident. The material on record would go to show that

it is accused No.1 who has actually committed forcible

sexual intercourse with the victim girl and the other

accused persons have given their helping hands to

accused No.1.

11.

Insofar

as

the

present

petitioner

is

concerned, custodial trial is unnecessary in view of the

fact that the chargesheet is filed. Continuation of the

petitioner in the judicial custody is no longer warranted.

12.

The

apprehension

expressed

by

the

prosecution and the victim girl can be met with by

imposing suitable and stringent conditions on the

accused/petitioner.

7

13.

Further, grant of bail to the petitioner shall

not ipso facto act as a parity for the other accused

persons.

14.

Accordingly, following order is passed:

ORDER

The criminal petition is allowed.

The petitioner/accused No.4 is ordered to be

released on bail in respect of Crime No.140/2022 of

Jewa