This petition is filed by petitioner/accused under

Section 439 of Cr.P.C. for granting of bail in Crime

No.7/2022 registered by Sullia Police Station, D.K. District

now pending on the file of V Additional District and

Sessions Judge, D.K. Mangaluru (Spl.C.No.5011/2022) for

the offences punishable under Sections 376(2)(f), 506 of

IPC and Sections 5(n)(n)(l) and 6 of POCSO Act.

2.

Heard the arguments of the learned counsel for

the petitioner and learned High Court Government Pleader

for the respondent-State

3.

The case of the prosecution is that on complaint

of wife of the petitioner Smt. Padmavathi on 16.01.2022

alleging that she married this petitioner on 21.03.2019

having female child aged 9 months. The accused

suspecting her character and harassing her and he said to

be given sexual assault on the child aged about 9 months

by inserting his finger into the private part of the child.

Due to which there was some bleeding. When she was

taken to the hospital the doctor has not given any

treatment. Therefore she lodged complaint against the

petitioner. After registering the case the police arrested

the petitioner on 17.01.2022 and was remanded to Judicial

Custody. Investigation is completed and charge sheet has

been filed. His bail petition came to be rejected and hence

he is before this Court.

4.

Having heard the arguments addressed by the

learned counsel for the petitioner and learned HCGP for

respondent State and perusal of records which reveals that

of course the complainant is the wife of the petitioner and

child, alleged victim is none other than the nine months

child of this petitioner. The allegation is accused is said to

be inserted finger into the vagina of the child and it was

sexual assault as per Sections 4 and 5 of the POCSO Act

as his father. The medical examination report reveals that

there is no injuries on the private part of the child, no

bleedings or seminal stains on the body and the hymen is

also in tact. Such being the case question of sexual assault

on the victim is doubtful at this stage. Investigation has

been completed long back and charge sheet has been

filed. This petitioner is in custody for more than eight

months. He is ready to abide by any conditions.

5.

Therefore,

considering

the

facts

and

circumstances, I am of the view that by imposing certain

stringent conditions if the bail is granted, no prejudice will

be caused to the case of the prosecution. Hence, I pass

the following:

ORDER

The criminal petition is allowed.

The

trial

Court

is

directed

to

release

petitioner/accused on bail in Crime No.7/2022 registered

by Sullia Police Station, D.K. District now pending on the

file of V Additional District and Sessions Judge, D.K.

Mangaluru

(Spl.C.No.5011/2022)

for

the

offences

punishable under Sections 376(2)(f), 506 of IPC and

Sections 5(n)(n)(l) and 6 of POCSO Act subject to the

following conditions:-

i)

Petitioner shall execute personal bond for a

sum of Rs.2,00,000/- (Rupees Two Lakhs

only) with two sureties for likesum to the

satisfaction of the trial Court.

ii)

He strictly shall not indulge in similar type of

offences.

iii)

He shall not tamper with any of the

prosecution witnesses directly or indirectly.

iv)

He shall take the trial without causing any

delay.

Accordingly, the petition is disposed of.

Sd/-

JUDGE

BVK

List No.: 1 Sl No.: 49