The court established that allegations of sexual assault against minors are serious and warrant careful consideration, particularly in light of the accused's societal role.

ORDER

This is an application for pre-arrest bail filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'B.N.S.S') by the sole accused in Crime No.939/2024 of the Mala Police Station. The offences alleged are under Section 354A (1)(i) and 506 of Indian Penal Code , and also, under Sections 7 , 8, 9(p), 10, 11(iv) and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act').

2. The prosecution would allege that, the petitioner/accused, with the necessary animus to harass the defacto complainant sexually, hugged and caressed her hands, breasts and buttocks, besides kissing and biting on her lips, on some day in the second week of June, 2023, whereafter the accused threatened the defacto complainant directly, as also, through phone by sending messages, thus committing the offences enumerated above.

3. Heard Sri.P.Vijayabhanu, learned Senior Counsel on behalf of the petitioner and Smt.Rekha.S, learned Senior Public Prosecutor on behalf of the respondent State. Perused the records.

4. Learned Senior Counsel would submit that the there is no penetrative sexual assault and the offences canvassed under the POCSO Act are minor offences, equivalent to the one under Section 354 of the Penal Code. It was pointed out that the offence under Section 354A canvassed by the prosecution is bailable. Learned Senior would point out that the offence under Section 9 (p) is not prima facie attracted, inasmuch as the petitioner is not in a position of trust or authority of the child and the sexual assault alleged to have committed is not in an institution or home of the child. It was pointed out that the prosecution version is highly unbelievable to have made sexual advancement to the victim in the visitors room of a church, which is accessible to all. Learned Senior counsel would point out that the petitioner has no criminal antecedents, whatsoever, and that he is prepared to comply with any condition imposed. The petitioner's reputation as a priest is a at stake, wherefore his liberty is liable to be protected. It is also pointed out that the defacto complainant became inimical to the petitioner, when the petitioner reported to her parents about an incident, where the defacto complainant was found spending time with a boy in the latrine. It was finally submitted out that the incident was reported after more than one year from the date of occurrence, which delay, being inordinate, is not explained.

5. Per contra, learned Senior Public Prosecutor would hand over a copy of the statement under Section 164 made by the defacto complainant before the Magistrate concerned, which would lend force to the allegations levelled in the First Information Statement. On delay, it was explained that the incident took place at the time when the defacto complainant's mother was suffering from cancer and was undergoing chemotherapy, at which point of time, the defacto complainant could not muster the courage to disclose the event. It was also submitted that grant of anticipatory bail, in respect of an offence under POCSO Act, would send across very bad message to the society, especially, when the petitioner is a priest of a church.

6. Having heard the learned counsel appearing for the respective parties, this Court is not persuaded to allow the instant application for pre-arrest bail. It is true that offences constituting penetrative sexual assault has not been charged against the petitioner. The same would not, however, mitigate the seriousness of an offence of sexual assault under Section 7 of the POCSO Act, inasmuch as the same is allegedly made against a minor. The allegations levelled based on the contents of the First Information Statement perfectly attracts the offence under , which is punishable under Section 8 of the POCSO Act. This Court is equally not impressed by the submission that the punishment prescribed under is only for a period of three years, extendable to five.

7. A court of law dealing w