The court ruled that the severity of allegations against the petitioner justified the refusal of bail to ensure the safety of the victims and the integrity of the trial.

K.BABU, J.

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B.A. Nos.13995 & 13998 of 2025 ------------------------------------------------------------

Dated this the 28^th day of November, 2025

COMMON ORDER

These applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioner is the sole accused in Crime Nos.280/2025 and 282/2025 of Sholayar Police Station. The offences alleged against the petitioner in the above referred crimes are punishable under Sections 137(2), 87, 65(2), 64(2)(m), 75(1)(iii), 75(1)(ii) and 75(2) of Bharatiya Nyaya Sanhitha , 2023 and Section3(a), 3(b), 3(c), 4(2), 51, 5m, 6(1), 7, 8, 11(I), 11(iii) and 12 of the Protection of Children from Sexual Offences Act , 2012.

3. The prosecution case is as follows:

The survivors in the crimes are siblings. The victim in Crime No.282/2025 is seven years old, and the victim in Crime No.280/2025 is ten years old. The petitioner is their neighbour. He gave them food items and handed over his mobile phone to view and play with. He showed porn videos to the victims. Thereafter, the victims were taken from their lawful guardianship and subjected them to aggravated penetrative sexual assault.

4. The petitioner was arrested on 05.08.2025, and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that he is innocent of the allegations levelled against him.

6. The learned Public Prosecutor opposed the bail plea of the petitioner on the ground that the offences alleged are very grave in nature. The learned Public Prosecutor submitted that after completing investigation final report has been submitted. The learned Public Prosecutor further submitted that if the petitioner is released on bail, it would adversely affect the trial in the matter.

7. It is relevant to consider the observations of the learned Sessions Judge while dismissing the bail applications filed by the petitioner.

“It is revealed that if the petitioner is released on bail there is every possibility for him to endanger the victim in the above case or in other case in which he is an accused. He may also try to tamper with evidence and to block the investigation. His presence outside the jail will create fear and apprehension in the mind of the survivors.”[Sic]

8. I have gone through the Case Diary. The offences alleged are grave in nature. Having considered the rival submissions, I feel that the petitioner is not entitled to be released on bail In the result, these bail applications stand dismissed.