ORDER : 1. Petitioner is alleged of commission of offence punishable under Section 376 of IPC in Crime No. 142/2016 registered in Pandavapura Police Station. The victim is a physically and mentally challenged girl aged about 16 years. 2. Heard Sri. Siddanooru Vishwanatha, the learned counsel for the petitioner and Sri. S Vishwamurthy, the learned High Court Government Pleader for the State. 3. Learned counsel for the petitioner submits that the allegations contained in the complaint suggest that victim had conveyed in sign language to her mother and identified the petitioner as having been sexually assaulted. He pointed out that the complaint was registered on 27.04.2016 and both the petitioner and victim were subjected to medical examination on the same day. The FSL report shows that no seminal stains was detected eleven out of twelve articles sent for FSL test. He further pointed out that the 12th article is the semen swab. Therefore, the material sent to FSL laboratory listed at Serial Nos. 1 to 11 clearly suggest that no seminal stains was found. He argues that keeping in view the FSL report and the age of petitioner who is 68 years old, this Court may consider enlarging him on bail. 4. Per contra, the learned High Court Government Pleader opposing the bail submits that the victim is a minor girl and serious offence is alleged against the petitioner. Accordingly, he prays for dismissal of this petition. 5. I have given my careful consideration to the complaint, medical certificates and the FSL report. The allegations against the petitioner is the commission of offence under Section 376 of IPC. The victim is said to be physically and mentally challenged. The 12 items were sent to the FSL laboratory for its opinion. Item Nos. 1 to 11 attributable to the victim do not show any seminal stains. In light of the fact that the victim is physically and mentally challenged, the prosecution will have to fall back only upon the medical report and the FSL report. The medical opinion of the specialist in OBG District Hospital, Mandya reads as follows: “Clinically there are no demonstrable injuries on the body/genitalia. Final opinion will be given after FSL reports. Seminal stains was not detected in article Nos. 1, 3, 5, 7, 8, 9, 10, 11 and spermatozoa was not detected in 2, 4 and 6.” 6. The medical opinion of the specialist in OBG District Hospital, Mandya reads as follows: “Clinically there are no demonstrable injuries on the body/genitalia. Final opinion will be given after FSL reports. Seminal stains was not detected in article Nos. 1, 3, 5, 7, 8, 9, 10, 11 and spermatozoa was not detected in 2, 4 and 6.” 6. The FSL report also does not show any seminal stains. The petitioner is aged 68 years and he has been in custody since 27.04.2016. The police have filed charge sheet and the trial is yet to begin. In the circumstances, in my view, pending trial, the petitioner shall be entitled to be released on bail. 7. In the circumstances, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that: (i) Petitioner shall be released on bail upon his executing a self bond for a sum of Rs.50,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) Petitioner shall cooperate with the Investigating Officer during the further course of investigation, if any and appear before him as and when called upon; (iii) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer; (iv) Petitioner shall not involve himself in any criminal activities; (v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail. Petition allowed.