The court determined that the absence of allegations against the petitioner and completion of investigation warranted bail under the POCSO and BNS Act.

ORAL ORDER

(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

1. Accused in Special Case No.753 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC-1, Ballari, arising out of Crime No.84 of 2025 registered by Hospet Rural Police Station, Hospet Sub-Division, Vijayanagara District, for offences punishable under Sections 4 (2), 5(L) and 6 of POCSO Act and Sections 137(2), 64(2)(i), 64(2)(m) of BNS, 2023, is before this court under Section 4 83 of BNS, 2023, seeking regular bail.

2. Heard the learned counsel for the petitioner and the 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.84 of 2025 registered by Hospet Rural Police Station, Hospet Sub-Division, Vijayanagara District, initially for the offence punishable under Section 137(2) of BNS, 2023 against the petitioner herein, based on the first information dated 26.04.2025 received from respondent No.2, who is the mother of the victim girl, aged about 14 years. During the course of investigation, the petitioner was arrested on 30.04.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court was rejected and therefore, he is before this Court.

4. Perusal of the material on record would go to show that, the victim girl was found missing from her house on 21.04.2025. The efforts made by her parents and relatives to trace her had failed and therefore, on 26.04.2025, the first informant who is the mother of the victim girl had approached the Police and since she suspected the hand of the petitioner, FIR was initially registered against the petitioner for offence punishable under Section 137(2) of BNS, 2023. During the course of investigation, the petitioner and the victim girl were traced. The petitioner was arrested on 30.04.2025 and remanded to judicial custody.

5. The statement of the victim girl under Section 183 of BNSS, 2023 was recorded in the present case by the jurisdictional Court of Magistrate on 06.05.2025. The victim girl has stated that, she is acquainted to the petitioner and she and the petitioner are in love. On 21.04.2025 at about 10:30 a.m. she had left her house and gone along with the petitioner from Basavanadurga Bus Stand to Hospet and thereafter travelled to Hagaribomanahalli in a bus and subsequently they travelled to Shivamogga and from Shivamogga they travelled to Bangaluru and from Bangalore they travelled to Kudligi. The Police who came to Kudligi brought them back to their village. She has not made any allegation in her statement against the petitioner about he committing any kind of sexual assault on her when she was with him from 21.04.2025 onwards till they were traced and brought back by the Police. The petitioner is aged 23 years, having no criminal antecedents and he is in custody from 30.04.2025. Investigation of the case is completed and charge sheet has been filed. Under the circumstances, I am of the opinion that, the prayer for grant of regular bail by the petitioner – accused needs to be answered affirmatively. Accordingly, the following:

ORDER

The Criminal petition is allowed. The petitioner – accused is directed to be enlarged on bail in Special Case No.753 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC-1, Ballari, arising out of Crime No.84 of 2025 registered by Hospet Rural Police Station, Hospet Sub-Division, Vijayanagara District, for offences punishable under Sections 4 (2), 5(L) and 6 of POCSO Act and Sections 137(2), 64(2)(i), 64(2)(m) of BNS, 2023, subject to the following conditions:

(i) The petitioner – accused shall execute personal bond for a sum of Rs.1,00,