Accused is entitled to bail as allegations lacked sufficient evidence of serious offences.

ORAL ORDER

1. Accused in Spl.C.No.51/2025 pending before the Court of Addl. District & Sessions Judge, FTSC-1, Chikkamagaluru, arising out of Crime No.39/2025 registered by Birur Police Station, Chikkamagaluru District, for the offences punishable under Sections 74 , 78(2), 127(2), 75(2) of BNS, 2023, and Sections 8 & 18 of POCSO Act, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties.

3. FIR in Crime No.39/2025 was registered Birur Police Station, Chikkamagaluru District, against the petitioner initially for the offences punishable under Section 74 of BNS, 2023, and Sections 8 & 12 of the POCSO Act, based on the first information dated 28.03.2025 received from respondent no.2 - father of the alleged victim girl aged about 15 years. During the course of investigation, petitioner was arrested on 28.03.2025 and subsequently remanded to judicial custody. After completing investigation in the case, charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the Trial Court was rejected on

24.06.2025. Therefore, petitioner is before this Court.

4. Perusal of the first information which is submitted by the father of the victim girl would go to show that the allegation against the petitioner is that he had taken the victim girl to his house and had misbehaved with her. It is under these circumstances, first information was initially registered against the petitioner for the offences punishable under Sections 8 & 12 of POCSO Act and Section 74 of BNS, 2023. During the course of investigation, petitioner was arrested on 28.03.2025. The statement of the victim girl aged about 15 years, under Section 183 of BNSS, 2023, was recorded on 29.03.2025. In the said statement, she has not made allegation against the petitioner about he committing any kind of penetrative sexual assault. On the other hand, she has stated that after taking her inside his house, he had locked the door of the house, and thereafter, he had made her fall on the floor and even he fell on her. Except the aforesaid, there is no allegation against the petitioner aged about 52 years who is an agriculturist by avocation.

5. Learned Counsel for the petitioner has submitted that there is a dispute with regard to a landed property between two families, and therefore, a false case has been registered against the petitioner.

6. Be that as it may, the maximum punishment for the charge sheeted offences is imprisonment for a period of five years. Under the circumstances, I am of the opinion that prayer made by the petitioner who is in custody from 28.03.2025 for grant of regular bail, is required to be answered affirmatively.

Accordingly, the following order:

7. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.51/2025 pending before the Court of Addl. District & Sessions Judge, FTSC-1, Chikkamagaluru, arising out of Crime No.39/2025 registered by Birur Police Station, Chikkamagaluru District, for the offences punishable under Sections 74 , 78(2), 127(2), 75(2) of BNS, 2023, and Sections 8 & 18 of POCSO Act, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 juris