1. The appellant/accused no.2 has called in question the correctness of the order dated 30.08.2021, whereby the bail application filed by the appellant/accused no.2 came to be rejected.

2. The appellant is seeking to be enlarged on bail as regards his continued detention pursuant to the registration of FIR in Crime No.14/2019. Though FIR was registered with respect to an offence punishable under Section 376 (1) of IPC, Section 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, for short), the charges were framed only with respect to Section 12 and 21 (2) of the POCSO Act and Section 3 (1) and 3 (2) of SC/ST (Prevention of Atrocities) Act, 1989.

3. It is the contention of the learned counsel for appellant that appellant has been in custody since 14.03.2019 and that an offence under Section 12 of the POCSO Act, is punishable with imprisonment of upto three years with fine, and Section 21(2) of the POCSO Act is punishable with imprisonment upto one year with fine and Section 3 (1) of SC/ST (Prevention of Atrocities) Act, 1989 is punishable with imprisonment upto five years and fine.

4. It is further contended that the victim and other main witnesses have been examined and cross-examined as is evident from the memo filed by the prosecution which indicates that 12 witnesses have been examined and crossexamined. Accordingly, it is submitted that the appellant is entitled to be enlarged on bail.

5. On behalf of the prosecution, it is pointed out that though the main allegation is as regards accused no.1 and insofar as present accused is concerned, the trial is at an advanced stage and the trial itself may be permitted to be concluded expeditiously.

6. The learned counsel for appellant has further relied on the observation made by this court in Crl.P No.6676/2019 c/w 7543/2019 dated 22.02.2020, wherein the petitions were disposed off while observing that the Special Court was required to conclude the trial keeping in mind the mandate under Section 35 (2) of the POCSO Act, and it is submitted that though the order was passed on 22.01.2020, the trial has not been concluded.

7. Heard both sides.

8. The case of the prosecution is that the inmate of Spoorthi Dhama, a shelter home for destitute children was given in adoption to CW.30 and CW.31 and the child was returned back by the adopted parents to Spoorthi Dhama. The child when being counselled had revealed that one Hanumantha used to visit Spoorthi Dhama and used to have sexual intercourse with other girls and she had seen the acts and staff knows of the above fact.

9. It is further submitted that during the course of investigation, the investigating authorities have come across material to implicate the appellant herein and charge-sheet has been filed after investigation. Admittedly, charges as against the appellant in the present case is only under Section 12 and 21 (2) of the POCSO Act and Section 3 (1) and 3 (2) of SC/ST (Prevention of Atrocities) Act, 1989 and the above said offences are punishable as follows:

POCSO Act :

Section 12 - Punishment for sexual harassment - Whoever, commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

Section 21 (2) - Any person, being in-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence under sub-section (1) of section 19 in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fine.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section 3 (1) - Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.

(i) The appellant/accused no.2 shall execute a personal bond of Rs.1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.

(ii) The appellant/accused no.2 shall fully co-operate for the expeditious disposal of the trial.

(iii) The appellant/accused no.2 shall not tamper with evidence, influence in any way any witness.

(iv) In the event of change of address, the appellant/accused no.2 to inform the same to the concerned SHO.

(v) The appellant shall mark his attendance on the 1st day of every month between 10.00 a.m., and 5.00 p.m., before the jurisdictional police till the trial is concluded.

(vi) The appellant/accused no.2 shall not indulge in any criminal activities of like nature.

(vii) Any violation of the aforementioned conditions by the appellant/accused no.2, shall result in cancellation of bail.