Bail under POCSO Act is granted without reference to case merits if the maximum punishment is less than five years, ensuring presence and non-interference during trial.

ORAL ORDER

Accused in Crime No.65/2025 registered by Sadashivanagar Police Station, Bengaluru, for offence punishable under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter, has remained unrepresented before this Court.

3. FIR in Crime No.65/2025 was registered by Sadashivanagar Police Station, Bengaluru, for the aforesaid offence against the petitioner herein based on first information received on 29.03.2025 from respondent No.2 who is the father of the victim girls.

4. During the course of investigation of the case, the petitioner herein was arrested and subsequently remanded to judicial custody. His bail application in Crl.Misc.3039/2025 was rejected on 25.04.2025.

Therefore, petitioner is before this Court.

5. In the FIR, which was submitted by the father of the victim girls, he has stated that on 29.03.2025, when his minor daughters aged 13 years and 10 years respectively were on their way to home from their school, the petitioner herein who came in an autorickshaw allegedly teased the victim girls and thereafter opened his pant and showed his private parts to the victim girls. It is in this background, FIR was registered against the petitioner for the aforesaid offence.

6. The investigation of the case is completed and chargesheet is also filed. The maximum punishment for the chargesheeted offence is imprisonment for a period of three years. The allegations in the chargesheet against the petitioner are required to be proved in a full fledged trial. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively without reference to the merits and demerits of the case. Accordingly, the following:-

ORDER

(i) The petition is allowed (ii) The petitioner is directed to be enlarged on bail in Crime No.65/2025 registered by Sadashivanagar Police Station, Bengaluru, for offence punishable under Section

12 of POCSO Act , subject to the following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.