NAZEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed on behalf of the sole accused against whom charge sheet is laid under sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (herein after called as POCSO Act).

(2.) Heard the learned counsel for the petitioner and the learned High Court Government pleader. Learned High Court Government Pleader has not filed any statement of objections, but has orally opposed the petition.

(3.) Initially the petitioner had approached this Court seeking bail under section 439 of Cr. P.C., 1973 By order dated 20.02.2018 in Crl. P.No.1137/2018 the said petition was disposed of with a liberty to the petitioner to move the concerned Court immediately after the completion of investigation and filing of the final report. On completion of the investigation a renewed application for bail was filed before the LIII Additional City Civil and Sessions Judge at Bengaluru and by order dated 04.04.2018, the learned Sessions judge dismissed the petition on the ground that the material produced by the prosecuting investigating agency prima facie establishes that the victim was subjected to sexual assault and the victim being of tender age there is likelihood of the petitioner threatening or prevailing upon the victim.