JUDGMENT Shivashankar Amarannavar, J. - This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.37/2020 of Gadag Rural Police Station registered for the offence punishable under Sections 376, 506 of IPC, Section 6 of POCSO Act, 2012 and Sections 3(1)(w) and 3(2)(v) of SC/ST(Prevention of Atrocities) Act. 2. The case of the prosecution is that one Susheela W/o Lalithappa @ Lohithappa Sakrannavar has filed complaint on 07.02.2020 alleging that the accused is the friend of her son and used to visit the house of the complainant. It is alleged in the complaint that on 05.02.2018 at 2.00 p.m. when all the inmates of the house except the daughter of the complainant were out for coolie work, had come to the house of the complainant and spoke to her daughter. It is further alleged that the accused told the girl that she is beautiful and he wants her. It is further alleged that despite the resistance of the daughter of the complainant, the accused is alleged to have committed forceful sexual intercourse on her and further it is alleged that the daughter of the accused was threatened for life by the accused if she ever revealed the incident to anyone. It is also further alleged that the accused has repeatedly committed forceful sexual intercourse with the daughter of the complainant and it was later learned that the daughter of the complainant is pregnant and therefore the mother has filed the complaint which came to be registered in crime No.37/2020 of Gadag Rural Police Station for the offences punishable under Sections 376, 506 of IPC, Section 6 of POCSO Act, 2012 and Sections 3(1)(w) and 3(2)(v) of SC/ST(Prevention of Atrocities) Act. After investigation, the charge sheet has been filed on 05.02.2020. The accused came to be arrested on 07.02.2020. Petitioner has filed bail application in Crl.Misc.No.83/2020 before Addl. District and Sessions Judge, Gadag and the same came to be rejected. Therefore, the petitioner-accused is before this Court seeking bail. 3. Heard the learned counsel for the petitioner-accused and learned HCGP for respondent-State. 4. It is the submission of the learned counsel for the petitioner-accused that the incident has taken place on 05.02.2018 and the complaint came to be registered on 07.02.2020 and there is a delay in filing complaint. Therefore, the petitioner-accused is before this Court seeking bail. 3. Heard the learned counsel for the petitioner-accused and learned HCGP for respondent-State. 4. It is the submission of the learned counsel for the petitioner-accused that the incident has taken place on 05.02.2018 and the complaint came to be registered on 07.02.2020 and there is a delay in filing complaint. It is his further submission that the victim girl is aged more than 17 years and she knows the consequences of her acts and there is a consensual sex between the petitioneraccused and the victim girl. It is his further submission that investigation is over, charge sheet has been filed and the custodial interrogation of the petitioner-accused is not necessary and petitioner-accused is ready to abide by the conditions imposed by this Court. With this he prayed to allow the petition. 5. Per contra, the learned HCGP contended that the date of birth of the victim girl is 12.02.2002 and she is aged 17 years as on the date of offence. It is her further submission that petitioner-accused who is the friend of brother of the victim girl used to visit the house of the victim girl and taking advantage of that he has committed sexual assault on victim girl in her house several times. It is her further submission that victim girl has stated in detail regarding the act committed by the petitioneraccused in her statement recorded in 164 Cr.PC. before the judicial Magistrate. It is her further submission that victim girl gave birth to a baby girl and DNA test has to be conducted and therefore, if he granted with bail, he will flee from justice and not available for DNA test. It is her further submission that if the petitioner-accused is granted with bail, he will tamper the prosecution witnesses and flee from justice. With this, he prays to reject the bail petition. 6. Having regard to the submission made by the learned counsel for the petitioner-accused and the learned HCGP, this Court has gone through charge sheet records. The age of the victim girl is 12.02.2002 as per school records collected by the Investigating Officer. Victim girl is aged 17 years as on the date of complaint. The petitioner6 accused is a friend of victim's brother and he used to visit the house of victim girl. The age of the victim girl is 12.02.2002 as per school records collected by the Investigating Officer. Victim girl is aged 17 years as on the date of complaint. The petitioner6 accused is a friend of victim's brother and he used to visit the house of victim girl. On looking to the entire material, it appears that there is a love affair between petitioneraccused and victim girl. Victim girl is aged 17 years and having knowledge of consequences of her acts. 7. It is well settled that matters to be considered in an application for bail are: "(i) Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being tampered with; and (viii) danger, of course, of justice being thwarted by grant of bail. While a vague allegation that the accused may tamper with the evidence or witnesses, may not be a ground to refuse bail, if the accused is of such character that his mere presence at large would intimidate the witnesses or if there is material to show that he will use his liberty to subvert justice or tamper with the evidence, then bail will be refused." 8. In a decision in the case of DATARAM SINGH Vs. STATE OF UTTARA PRADESH AND ANOTHER, (2018) 3 SCC 22 the Hon'ble Apex Court held as under: "A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society." 9. In the present case the investigation is completed. Charge sheet has been filed. The petitioner is aged 24 years and there are no criminal antecedents of the petitioner-accused. If the petitioner-accused is detained in the jail, he will come in contact with the hardened criminals. The petitioner-accused is residing in the address shown in the cause title and it is not disputed. The main objection of the prosecution is that in the event of grant of bail, the petitioner-accused is likely to cause threat to the complainant and prosecution witnesses. The said objection may be set right by imposing some stringent conditions. 10. In the facts and circumstances of the case, this Court is of the considered view that there are valid grounds for grant of bail subject to conditions. Hence, I pass the following. ORDER The petition filed under Section 439 of Cr.P.C. is allowed. The petitioner-accused shall be released on bail in Crime No.37/2020 of Gadag Rural Police Station, subject to the following conditions. i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh rupees only) with one surety for the like sum to the satisfaction of the jurisdictional Court. In view of Covid-19 petitioner is permitted to furnish surety within two months. If circumstances arise, jurisdictional court is permitted to extend the time for furnishing surety. ii) The petitioner shall not indulge in tampering the prosecution witnesses in any manner. iii) The petitioner shall appear before the Investigating Officer/ Court whenever called for giving blood sample for DNA test. iv) The petitioner shall appear before the Court regularly and cooperate in speedy disposal of the case.