Bail granted based on absence of tampering risk, emphasizing judicial balance between rights of the accused and integrity of legal process.

ORAL ORDER

1. Petitioner/accused No.1 has preferred this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’ for short) to enlarge him on bail in Crime No.184/2025 of Kengeri Police Station, Bengaluru City, pending on the file of the Court of Additional City Civil and Sessions Judge, FTSC-V at Bengaluru in Spl.C.No.1090/2025.

2. Accused Nos.1 and 2 are alleged to have committed aggravated penetrative sexual assault on a minor girl, inducing her that they will provide her a job of a beautician. Based on the statement of victim's mother, case was initially registered under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short), as the victim girl was found missing from the house from 16.04.2025. On securing her, statement was recorded by the Police as well as by the learned Magistrate and her medical examination was conducted.

3. Charge sheet is filed against accused Nos.1 and

2 for the offence punishable under Section 351(3), 65(1), 137(2) of the BNS, 2023, Section 4 (2) and 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’ for short).

4. Petitioner was arrested on 19.04.2025. He is in judicial custody. Victim and her mother have been examined by the Trial Court. Learned counsel for the petitioner contended that both the said witnesses have turned hostile and they have denied the prosecution case.

The copies of their deposition are furnished.

5. Learned Additional SPP contended that if the petitioner is granted bail, he may tamper with the evidence and try to influence other prosecution witnesses who are yet to be examined.

6. The victim and her mother are already examined by the Trial Court. Even though their evidence cannot be appreciated by this Court, in this petition seeking bail, the fact remains that the material witnesses are already examined and therefore, question of tampering them will not arise. Accused No.2 is said to be on bail. Petitioner has undertaken to furnish adequate surety to ensure his regular presence before the Trial.

Hence, imposing necessary conditions, relief sought in the petition can be granted. Accordingly, the following:

ORDER

i) Petition is allowed ii) Petitioner/Accused No.1 in Crime No.184/2025 of Kengeri Police Station pending in Spl.C.No.1090/2025 on the file of Additional City Civil and Sessions Judge, FTSC-V, Bengaluru of Kengari Police Station, Bangalore, shall be enlarged on bail subject to the following conditions:

1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only), with two sureties for the likesum out of which one surety shall be a local surety, 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 indulge himself in committing any offence.

5. He shall appear before the Trial Court regularly on all dates of hearing.