Bail denied due to serious nature of the crime against a minor and lack of evidence for innocence.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ) seeking regular bail.

2. The applicant is the sole accused in Crime No.584/2025 of Karimannoor Police Station, Idukki District. The offences alleged are punishable under Sections 77 , 333, 76, 74, 75(1)(ii), 75(1) and 65(1) of the Bharatiya Nyaya Sanhita , 2023, and Sections 4 (2) r/w 3(b), 8 r/w 7, 9(l) r/w 10 of the Protection of Children from Sexual Offences Act , 2012.

3. The prosecution case, in short, is that the applicant had sexually assaulted the victim girl aged 12 years, on 21.07.2025 at her house at Karimannoor Village by observing her while she was bathing, and when she retreated to kitchen, the applicant entered the kitchen, removed her towel, kissed her on the neck and cheek, pressed her breasts, pulled her pubic hair, inserted his finger into her vagina, and thereby committed the offences alleged.

4. I have heard Sri.Jerry Mathew, the learned counsel for the applicant and Smt.Sreeja V., the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 23.07.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The applicant, a 45-year-old man committed penetrative sexual assault on a minor girl aged 12-years. The first bail application was dismissed, stating that the nature of the allegations is extremely serious. No change in circumstances has been pointed out after the dismissal of the first bail application. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage.

The bail application, accordingly, is dismissed.