NAGARAJA T. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under Sec. 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.107/2025 of Kencharlahalli Police Station registered for offences punishable under Ss. 87, 75, 127(3) and 118(1) of Bharatiya Nyaya Sanhita, 2023 and under Ss. 8, 12 and 17 of Protection of Children from Sexual Offences Act.

(2.) Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent No.1 - State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

(3.) Learned counsel for petitioner would contend that, as per averments of the complaint filed by the victim, the incident has taken place on 18/5/2025 and on the next day she made a phone call and she was rescued by the officials of Child Development Department. But, the complaint has been filed on 1/6/2025. There is a delay in filing the complaint. The offences under Ss. 87 and 118(1) of BNS are not attracted against the petitioner and they are alleged against accused No.2 who is the father of the victim. The offence alleged against the petitioner under Sec. 8 of POCSO Act is provided with sentence of imprisonment for three (3) years which may extend to five (5) years and offence under Sec. 12 of POCSO Act is provided with punishment of imprisonment which may extend to three (3) years. Sec. 17 of POCSO Act is also not attracted and it is alleged against accused No.2 - father of the victim. The petitioner is a married man aged forty nine (49) years having wife and children. The petitioner is ready to co-operate with the Investigating Officer in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition.