THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER PASSED BY THE HONBLE DISTRICT AND SESSIONS JUDGE, FTSC-II, BENGALURU RURAL DISTRICT, BENGALURU IN CRL.MISC.NO.2538/2025 AND GRANT THE REGULAR BAIL IN SPL.C.C.NO.1052/2025 (CR.NO.237/2025) FOR THE OFFENCES P/U/S 137(2), 64(1) OF BNS ACT AND SEC. 4(2), 6, 12 OF POCSO ACT, AND SEC. 3(1)(W), 3(2)(V) OF SC/ST (POA) ACT WHICH IS PENDING ON THE FILE OF THE HONBLE DISTRICT AND SESSIONS JUDGE, FTSC-II, BENGALURU RURAL DISTRICT, BENGALURU.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

This appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 ( for short, 'the SC/ST (POA) Act') in Crime No.237/2025 registered by the Hosakote Police Station by the accused, aggrieved by the Order dated 06.01.2026 passed in Criminal Misc. No. 2538/2025 on the file of Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, by which the application filed by the appellant under Section 483 of BNS/ 439 of Cr.PC seeking grant of regular bail in Special Case No. 1052/2025 (arising out of Crime No. 237/2025) has been rejected.

2. Pursuant to a complaint dated 22.08.2025 filed by the father of the victim, a case in Crime No.237/2025 came to be registered under Section 137(2) of Bharatiya Nyaya Sanhita, 2023, (for short, 'BNS, 2023'). A charge sheet has been filed on 5.11.2025 for the offences punishable under Sections 4(2), 6, 12 of Protection of Children From Sexual Offences Act, 2012 (for short "POCSO Act"), and Section 3(1)(w), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Notice to the respondent No.2, though served has not chosen to appear either in person or through her counsel.

4. The contents of the said complaint are that, on 15.08.2025 at about 09.30 a.m., victim girl had been to attend cultural programme organised on the occasion of Independence Day and she had not returned home till 07.00 p.m. The father of the victim girl had made enquiries and since there was no trace of the victim girl, he had lodged a complaint on 22.08.2025.

5. It appears that, the Police had traced the victim girl from Marikamba Snacks Point, situated at the bus stand of Malur town belonging to CW6. According to the statement of CW.6, Victim girl had come to her shop on 06.08.2025 at 06.30 p.m., seeking a place to stay. That on enquiry by CW6, victim girl had stated that she is aged 20 years and she was residing with her relatives in her relatives' house who had subjected her to torture. Considering her plight CW.6 had taken the victim girl to her house and the following day she had asked the mobile number of her relatives to which the victim girl had apparently stated that she did not have any mobile numbers. Accordingly, victim girl continued to stay with CW.6 and was working in her Snacks point shop. Thereafter, on 05.09.2025, the Police had come to CW.6 shop and taken her along with them. That the police had informed CW.6 that she was 17 years of age, belonging to Scheduled Caste community and was in love with the accused and was subjected to sexual assault by the accused.

6. It is based on the said incident she was subjected to medical test. Thereafter, the statement of the victim girl was recorded, wherein, she has stated that the accused-appellant on 15.08.2025 at about 09.30 a.m. had asked her to come to Malur. Thereafter, he had taken her on a motorcycle to Hudadenahalli Village and they stayed in a shed. Since she was minor and had not attained age of 18 years, despite her resistance, the accused-appellant had sexually assaulted her and on the following day, he took her and had left her in a busstand by promising her to marry after she attaining majority. That fearful of reaction by her parents and since the accused had promised her to marry after she attaining