Bail can be granted when the risk of tampering with evidence is minimal, even in serious charges, provided conditions ensure compliance.

ORAL ORDER

Heard the learned counsel for petitioner, learned Addl. SPP for respondent No.1-State and perused the material on record.

2. Learned Addl. SPP has filed a memo along with police report for having served notice on respondent No.2.

The same is placed on record.

3. Petitioner was arrested on 15.9.2024 in connection with a case registered in Cr.No.363/2024 by Girinagar Police Station, Bengaluru City.

4. FIR is registered on a complaint lodged by the victim, a minor girl aged about 17 years, against the petitioner for offence punishable under Section 6 4(2)(m) and 78 of BNS, 2023 and under Section 5(j), 5(l), 6, 11(iv) and 12 of POCSO, 2012.

5. On completion of investigation, chargesheet is filed for offences under Section 6 4(2)(m), 78, 137(2) of BNS, 2023 and under Section 5(j), 5(l), 6, 11(iv) and 12 of POCSO, 2012.

6. It is the case of prosecution that, petitioner herein by inducing the victim stating that he is in love with her, committed penetrative sexual assault as a result of which she became pregnant.

7. Learned counsel for the petitioner has made available a copy of deposition dated 25.7.2025 of the victim/CW1 examined as PW1. He contended that the victim has completely denied the case of prosecution and therefore, further detention of the petitioner will amount to pre-trial conviction. He submits that the petitioner is languishing in judicial custody from 15.9.2024 and therefore, by imposing any condition, he may be enlarged on bail.

8. Learned Addl. SPP submits that trial is in progress and therefore, if the petitioner is enlarged on bail he may tamper with the prosecution witnesses and flee from justice.

9. Petitioner was arrested on 15.9.2024. He is in custody since then. Victim’s evidence is already recorded. Her evidence though cannot be appreciated at this stage, however, considering that the victim has been examined and question of tampering the said material witness does not arise, relief sought by the petitioner can be granted, by imposing suitable conditions.

ORDER I. Petition is allowed.

II. Petitioner/accused No.1 in Crime No.363/2024 of Girinagar Police Station, Bengaluru City, pending in Spl.C.No.2067/2024 on the file of the Court of Addl. City Civil and Sessions Judge (FTSC-III), Bengaluru City, shall be enlarged on bail, subject to following conditions:

1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only), with two sureties for the likesum to the satisfaction of the jurisdictional Court.

2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address.

3. He shall not directly or indirectly tamper with the prosecution witnesses.

4. He shall not try to contact the victim or intimidate her in any manner.

5. He shall not indulge himself in committing any offence.

6. He shall appear before the trial Court regularly on all dates of hearing.

Violation of condition/s shall result in cancellation of bail. Sd/-