1. The accused in Crime No.141/2024 registered by Tumakuru Women Police Station, Tumakuru for offences punishable under Sections 64, 64(2)(e), 75(1)(iv) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.
3. First Information Report in Crime No.141/2024 was registered by Tumakuru Women Police Station, Tumakuru against the petitioner herein for the aforesaid offences on the basis of the first information dated 15.07.2024 received from the victim girl, aged about 21 years. During the course of investigation of the case, petitioner herein was arrested on 15.07.2024 and subsequently, remanded to judicial custody. Investigation in the case is completed and the charge sheet has been filed against the petitioner for the aforesaid offences. The bail application filed by the petitioner before the jurisdictional Sessions Court in Criminal Misc.No.1530/2024 was rejected on 16.10.2024. Therefore, he is before this Court.
4. Learned Senior Counsel appearing for the petitioner has re-iterated the grounds urged in the petition and submits that the petitioner is a practicing Dentist, having no other criminal antecedents. He is implicated in a false criminal case for extraneous reasons. The victim girl has made a lot of improvements in her statements recorded under Sections 161 and 164 of Cr.P.C. Investigation in the case is completed and the charge sheet has been filed. Accordingly, he prays to allow the petition.
5. Learned High Court Government Pleader has opposed the petition. He submits that in the event the petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly, he prays to dismiss the petition.
6. From a perusal of the first information dated 15.07.2024 which had resulted in registering FIR in Crime No.141/2024 against the petitioner, it is found that the victim was visiting the dental clinic of the petitioner for her dental problems for the last about two years. On 12.07.2024, when she had visited the dental clinic of the petitioner, the petitioner allegedly sent out the staff and thereafter closed the door of the clinic and started treating the victim girl. It is alleged that petitioner started asking personal questions to the victim girl about her relationship with her boy friends and during the course of treatment, the petitioner allegedly started mis-behaving with the victim girl and touched her breast and private parts inappropriately. Petitioner also allegedly gave his private part in the hands of the victim girl and showed her obscene sex videos. In respect of the alleged incident that had taken place on 12.07.2024 in the dental clinic of the petitioner, victim girl had submitted first information before the police on 15.07.2024. Subsequently, her statement was recorded and she also was subjected to medical examination. Before the doctor who has medically examined her, she has stated that she had sexual intercourse with her boyfriend earlier. Her statement under Section 164 of Cr.P.C. was also recorded before the Jurisdictional Magistrate. The victim who had not stated about the oral sex performed by the petitioner in her first information, subsequently has made such allegation in her statement that was recorded under Section 164 of Cr.P.C. The allegation against the petitioner in the charge sheet is that he had fingered the private parts of the victim girl, touched her inappropriately and also had performed oral sex on her. Petitioner aged about 49 years, who is a doctor by profession, has no other criminal antecedents. Investigation in the case is completed and the charge sheet has been filed.
7. Considering the nature of allegations found in the charge sheet and also other materials available on record, I am of the prima facie view that without expressing any opinion on the merits and demerits of the case, petitioner’s case for grant of bail has to be answered affirmatively. Accordingly, the following:
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.141/2024 of Tumakuru Women’s Police Station, Tumakuru registered for the offences punishable under Sections 64, 64(2)(e), 75(1)(iv) of BNS, 2023, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
