Anticipatory bail may be granted in POCSO cases where the prescribed punishment for the specific charges is relatively low, the accused has no criminal antecedents, and there is a clear undertaking to cooperate with the investigation.

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ALLOW THE BAIL PETITION BY GRANTING ANTICIPATORY BAIL TO THE PETITIONER (ACCUSED NO.1) IN CRIME NO.107/2025, FOR THE ALLEGED OFFECNES PUNISHABLE UNDER SECTIONS 87, 75, 127(3) AND 118(1) OF BNS, 2023 AND UNDER SECTIONS 8, 12 AND 17 OF THE POCSO ACT, 2012, REGISTERED BY THE KENCHARLA HALII POLICE AND PENDING DISPOSAL ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA BY ALLOWING THE PRESENT PETITION.

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.1 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.107/2025 of Kencharlahalli Police Station registered for offences punishable under Sections 87, 75, 127(3) and 118(1) of Bharatiya Nyaya Sanhita, 2023 and under Sections 8, 12 and 17 of Protection of Children from Sexual Offences Act.

2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent No.1 - State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

3. Learned counsel for petitioner would contend that, as per averments of the complaint filed by the victim, the incident has taken place on 18.05.2025 and on the next day she made a phone call and she was rescued by the officials of Child Development Department. But, the complaint has been filed on 01.06.2025. There is a delay in filing the complaint. The offences under Sections 87 and 118(1) of BNS are not attracted against the petitioner and they are alleged against accused No.2 who is the father of the victim. The offence alleged against the petitioner under Section 8 of POCSO Act is provided with sentence of imprisonment for three (3) years which may extend to five (5) years and offence under Section 12 of POCSO Act is provided with punishment of imprisonment which may extend to three (3) years. Section 17 of POCSO Act is also not attracted and it is alleged against accused No.2 - father of the victim. The petitioner is a married man aged forty nine (49) years having wife and children. The petitioner is ready to co-operate with the Investigating Officer in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition.

4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the victim is aged fourteen (14) years and it is her father/accused No.2 has insisted her to go with the petitioner as they intend to marry her with the petitioner. The petitioner is aged forty nine (49) years and he is a married man. The investigation is in progress. The petitioner is required for custodial interrogation. With these, he prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and and other materials placed on record.

6. On the basis of the statement of the victim girl dated 01.06.2025, a case came to be registered against the petitioner and another in Crime No.107/2025 for the aforesaid offences. The allegation in the said statement of the victim is that, her father intended to perform her marriage with the petitioner. The petitioner took the victim girl and her father to the house of his relative and where it is alleged that, he touched her chest and body. The offences alleged against the petitioner under Section 8 of POCSO Act is provided with sentence of imprisonment for three (3) years which may extend to five (5) years and offence under Section 12 is